Disclaimer: This article is for general informational purposes only and does not constitute legal advice.
Detailed Answer
When an insurance company relies on an inaccurate accident report, you can take steps under Ohio law to correct the record and protect your claim. Follow these key actions:
1. Obtain a Copy of the Crash Report
Under Ohio Revised Code §5502.13, law enforcement agencies must file a written motor-vehicle accident report. Request a certified copy from the issuing agency (local police department or Ohio State Highway Patrol). You may also access public records under the Ohio Public Records Act, R.C. 149.43.
2. Identify and Document Errors
Review the report line by line. Note any factual mistakes, such as incorrect vehicle positions, weather conditions, or witness statements. Gather supporting evidence, including photos, videos, medical records, and eyewitness contact information.
3. Request a Report Amendment or Addendum
Ohio law does not allow erasure of original entries, but you can ask the issuing agency to attach an addendum. Write a formal letter to the records custodian explaining the errors and providing corrected facts. Include copies of your evidence and cite the relevant portions of R.C. 5502.13 for reference.
4. Present Corrections to the Insurer
Submit the amended report or addendum and your evidence to the insurance adjuster. Highlight discrepancies between the original report and your documentation. Request that the insurer use the corrected information in their coverage or liability determination.
5. Escalate if Necessary
If the insurer refuses to consider your corrections, ask for a written explanation. Ohio law prohibits unfair claim settlement practices under R.C. 3901.28. You can file a complaint with the Ohio Department of Insurance via their website at https://insurance.ohio.gov/.
Helpful Hints
- Keep a detailed log of all communications with law enforcement and the insurance company.
- Send requests via certified mail to establish proof of delivery.
- Retain original documents and provide only copies when submitting evidence.
- Follow up consistently—deadlines and prompt action strengthen your position.
- Consider hiring a neutral accident reconstruction professional for complex disputes.
- Review your auto insurance policy to understand coverage deadlines and obligations.
- Consult a qualified Ohio attorney if you face denial or bad-faith settlement tactics.