Detailed Answer
Disclaimer: This article is for educational purposes and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.
1. Understand Vermont Accident Reports
In Vermont, accident reports prepared by law enforcement (for example, the Vermont State Police) form part of the insurer’s evidence when evaluating a claim. These reports contain officer observations, statements from drivers and witnesses, and diagrammed impact points. While generally reliable, they can include errors in vehicle positions, speeds, or witness identification.
2. Obtain and Review the Report
Order a certified copy of the crash report from the Vermont State Police Records Unit. Review every section carefully, noting any discrepancies between your recollection and the written record.
3. Gather Supporting Evidence
- Photographs or video from the scene showing vehicle damage, skid marks, traffic signals, or road conditions.
- Contact information for independent witnesses and written or recorded statements.
- Repair estimates or medical records establishing the timing and nature of your injuries.
4. Request a Correction of the Police Report
Contact the issuing agency—typically the Vermont State Police—within 30 days of the report. Submit a written request identifying the specific errors and attach your supporting evidence. Agencies often have an internal review process for amending reports.
5. Dispute the Report with Your Insurer
If the insurer relies on inaccurate statements, send a written dispute letter via certified mail. Cite Vermont’s unfair claim settlement practices under Vt. Stat. Ann. tit. 8, § 4724(7) (https://legislature.vermont.gov/statutes/section/08/107/04724), which prohibit misrepresenting facts or policy provisions. Include:
- A clear description of each inaccuracy.
- Your corrected facts with documentation (photos, statements, medical bills).
- A request for reevaluation within a specific timeframe (e.g., 14 days).
6. Escalate if the Insurer Refuses to Correct
If the insurer maintains its position despite your evidence, you can:
- File a complaint with the Vermont Department of Financial Regulation (https://dfr.vermont.gov/consumers/file-complaint).
- Pursue appraisal or mediation under your insurance policy’s dispute-resolution clause.
- Consult an attorney about filing a civil suit for breach of contract or bad-faith settlement practices.
Helpful Hints
- Keep all communications in writing and use certified mail for important documents.
- Document every call or meeting, noting dates, times, and names of participants.
- Review your insurance policy’s deadlines for filing disputes and appraisal requests.
- Obtain all witness contact details at the scene—statements later are harder to secure.
- Consider hiring an independent accident reconstruction expert if liability is contested.