Detailed Answer
When an insurance company relies on an accident report that contains inaccurate or incomplete information, you can take the following steps under Oregon law to protect your rights and ensure a fair claims process.
1. Review and Gather Evidence
First, obtain a copy of the police or motor carrier accident report. Under ORS 806.610, you can request a copy of the official crash report from the law enforcement agency. Compare the facts in the report to your own records, such as:
- Photos of the scene and vehicles
- Video footage (dash cam, security cameras)
- Witness names and contact information
- Medical records and repair estimates
2. Correct or Supplement the Official Report
Oregon law allows you to submit a supplement or addendum to an accident report if you believe it contains errors. Contact the agency that prepared the report (city police, county sheriff or Oregon State Police) and ask how to attach a written statement or supplemental form. Once the agency approves your supplement, they should include it with the original report.
3. Dispute the Insurer’s Use of the Inaccurate Report
After submitting corrections to the official report, send a written dispute letter to the insurance adjuster. In your letter:
- Cite specific inaccuracies in the report
- Attach your supplement and supporting evidence
- Request the insurer to re-evaluate your claim based on the corrected facts
Under ORS 746.230(1)(h), insurers cannot misrepresent facts or policy provisions to dispute a claim. If the insurer continues to rely on the inaccurate report, remind them of their duty to act in good faith and deal fairly with claimants.
4. Invoke Policy Remedies
Review your insurance policy for appraisal, mediation or internal appeal procedures. Many policies include an appraisal clause that lets you and the insurer each hire an appraiser to independently assess damages and then appoint an umpire if you disagree. Follow these steps strictly to ensure you preserve your rights.
5. File a Complaint with the Oregon Division of Financial Regulation
If the insurer refuses to correct its position, you can file a complaint under ORS 731.296 with the Oregon Division of Financial Regulation. The Division investigates unfair claim practices and can order corrective action.
Statutory Protections Under Oregon Law
- ORS 806.610 (Crash Reports): Procedures to obtain and supplement an official accident report. ORS Chapter 806.
- ORS 746.230 (Unfair Claims Practices): Prohibits insurers from misrepresenting facts or policy provisions when handling claims. ORS 746.230.
- ORS 731.296 (Regulatory Oversight): Authorizes the Division of Financial Regulation to investigate complaints against insurers. ORS 731.296.
Further Recourse
If these steps do not resolve your dispute, consider consulting a licensed Oregon attorney experienced in insurance claims. They can advise you on potential bad-faith litigation under ORS 742.506 and evaluate whether filing a lawsuit is warranted.
Disclaimer
This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific circumstances.
Helpful Hints
- Keep detailed notes and copies of every communication with the insurer and law enforcement.
- Request written confirmation when you submit supplemental information.
- Check deadlines in your insurance policy for appraisal or internal appeals.
- Stay organized: maintain a file with all photos, invoices and medical bills.
- If you file a complaint with the Division of Financial Regulation, attach clear copies of your evidence and correspondence.