Disclaimer: This article is for educational purposes only. It does not provide legal advice. Consult a qualified attorney regarding your specific situation.
Detailed Answer
Under Utah law, an insurance company must handle claims in good faith. If an insurer relies on an inaccurate accident report in your case, you can take the following steps:
- Gather and review evidence. Request your claim file and obtain the accident report. Compare it with police records, photographs, witness statements, and medical reports.
- Submit a written correction. Draft a clear letter identifying inaccuracies and attach supporting documents. Send it to your insurer’s claims adjuster via certified mail. Maintain proof of delivery.
- Invoke policy dispute resolution. Many Utah policies include appraisal, mediation, or arbitration clauses. Review your policy and follow those procedures to challenge the report’s conclusions.
- Reference Utah’s Unfair Insurance Practices Act. Under Utah Code Ann. § 31A-21, insurers must avoid misrepresenting facts. If the insurer refuses to correct the report, you may have a claim for unfair or deceptive practices.
- File a complaint with the Utah Insurance Department. The department enforces compliance with Utah Code Ann. Title 31A. You can initiate a complaint online or by mail under Utah Code Ann. § 31A-2.
- Consider legal action for bad faith. If the insurer’s actions cause unreasonable delay or denial, you may pursue a civil remedy under Utah Code Ann. § 31A-26a-902, which authorizes damages for unfair insurance practices.
Helpful Hints
- Keep detailed records of all communications, including dates and names.
- Obtain independent expert opinions, such as accident reconstruction or medical evaluations.
- Follow your policy’s notice requirements and deadlines.
- Use certified mail or other tracked delivery methods.
- Consult a qualified attorney if the insurer denies or undervalues your claim.