Detailed Answer
When an insurance company relies on an inaccurate accident report, policyholders can take several steps under Pennsylvania law to correct the record and protect their rights. This process involves reviewing the official report, gathering evidence, seeking amendments, and communicating effectively with the insurer.
1. Obtain and Review the Official Accident Report
Pennsylvania’s Motor Vehicle Code requires the investigating officer to file a crash report with the Department of Transportation. See 75 Pa.C.S. § 3742. You have a right to inspect and obtain this report. Contact the law enforcement agency that handled the crash to request a copy.
2. Gather Supporting Evidence
Collect any photos, videos, medical records, repair bills, and witness statements that document the accident and your damages. Create a clear timeline of events. This evidence supports your version of the facts if the report contains errors.
3. Request an Amended or Supplemental Report
If the official report contains inaccuracies, submit a written request to the reporting agency. Include a clear explanation of each error, supporting documentation, and your contact information. Many departments review and attach supplemental statements. Pennsylvania law encourages transparency in crash reporting.
4. Present Corrections to the Insurance Company
Send the insurer a letter outlining the specific inaccuracies in the report. Attach your corrected version, the amended report (if available), and supporting evidence. Request confirmation that the insurer will update their file and reconsider coverage decisions or settlement offers.
5. Escalate if Necessary
If the insurer refuses to correct its record, you may file a complaint with the Pennsylvania Insurance Department. See Pennsylvania Insurance Department Complaints. In cases of bad faith denial, Pennsylvania law provides a cause of action under 42 Pa.C.S. § 8371.
Disclaimer: This article provides general information about Pennsylvania law and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Helpful Hints
- Request the official police report promptly to spot inaccuracies early.
- Document all communications with law enforcement and the insurer in writing.
- Gather photos, medical records, and witness statements to support corrections.
- Keep copies of your written requests for amended reports and insurer correspondence.
- Consider seeking legal counsel if the insurer persists in using incorrect information.
- Use the Pennsylvania Insurance Department grievance process if needed.