Detailed Answer
An inaccurate accident report can skew an insurer’s evaluation of liability and damages. Under Oklahoma law, you can take several steps to dispute an insurer’s reliance on incorrect facts.
1. Obtain and Review the Official Crash Report (47 O.S. § 1116)
Title 47 O.S. § 1116 requires law enforcement to file a written accident report. Obtain a certified copy from the investigating agency. Review it carefully for errors in vehicle positions, speeds, contributing factors, witness statements and identities. 47 O.S. § 1116
2. Request a Supplement or Amendment
Oklahoma law does not set a formal amendment procedure, but most agencies accept supplemental reports. Contact the records division, submit a written request identifying each inaccuracy and include supporting evidence (photos, diagrams, witness affidavits). Ask the agency to attach your supplement to the official record.
3. Provide Corrective Evidence to the Insurer (36 O.S. § 1250.3)
The Unfair Claim Settlement Practices Act requires insurers to fully investigate claims. Under 36 O.S. § 1250.3, insurers must conduct prompt, fair and thorough investigations and avoid misrepresenting policy provisions or material facts. Submit the corrected report along with witness statements, photos and expert opinions to your adjuster. 36 O.S. § 1250.3
4. File a Complaint with the Oklahoma Insurance Department
If the insurer refuses to consider accurate information, file a complaint with the Oklahoma Insurance Department. Visit oid.ok.gov/consumer-services/consumer-complaints to submit your grievance. The Department enforces unfair claim practices under 36 O.S. §§ 1250.1–1250.15.
5. Consider a Bad Faith Claim (36 O.S. § 1250.8)
If your insurer unreasonably denies or underpays your claim based on an inaccurate report, you may file a statutory bad faith action under 36 O.S. § 1250.8. This remedy can yield actual damages, attorney fees and penalties. 36 O.S. § 1250.8
Disclaimer
This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Oklahoma for advice on your specific situation.
Helpful Hints
- Document all communications with law enforcement and your insurer.
- Keep copies of photos, medical records and witness contact information.
- Send written requests for corrections via certified mail to create a paper trail.
- Review your auto policy’s post-accident duties and notice requirements.
- Consult an attorney promptly to preserve your rights and meet deadlines.