Disclaimer: This article is for educational purposes and is not legal advice.
Detailed Answer
Under Texas law, crash reports filed with the Department of Public Safety (DPS) serve as official records. If the insurance company relies on an inaccurate report, you can take steps to correct or supplement it and present accurate evidence.
1. Request a Correction or Supplement
You may ask DPS to correct or supplement your accident report under Tex. Transp. Code § 550.065. Submit a written request within five years of the crash. Include the report number, your contact details, and a clear description of each inaccuracy.
2. Gather Supporting Evidence
Compile photographs, medical records, witness statements, and any expert analyses. Attach these documents to your DPS request. This evidence strengthens your position when challenging the insurer’s reliance on the original report.
3. Submit Corrected Information to the Insurer
Once DPS acknowledges your correction request, forward that acknowledgment plus your evidence package to the insurance adjuster. Ask the insurer to update its file and reconsider liability or coverage decisions based on the revised facts.
4. File a Complaint with the Texas Department of Insurance
If the insurer refuses to consider corrected information or engages in unfair claim practices, you can file a complaint with the Texas Department of Insurance under Tex. Ins. Code § 541.003. This process can prompt regulatory review of the insurer’s conduct.
5. Consult an Attorney if Needed
If the insurer persists in relying on inaccurate information or denies a legitimate claim, consider consulting a personal injury attorney. An attorney can advise on legal remedies such as a bad-faith insurance lawsuit.
Helpful Hints
- Obtain the DPS accident report early—insurers often review it first.
- Keep copies of all requests, acknowledgments, and correspondence.
- Use certified mail or a trackable delivery service for submissions.
- Document dates, times, and names of insurance adjusters you speak with.
- Be precise in describing each error and its impact on fault or damages.