How to Challenge an Inaccurate Accident Report in Wisconsin

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Detailed Answer

When an insurance company relies on an inaccurate accident report, you can take several steps under Wisconsin law to correct the record and protect your claim.

1. Obtain and Review the Official Crash Report

Under Wis. Stat. § 346.70(1), law enforcement agencies must prepare crash reports. Request a certified copy of the report from the agency that investigated the accident. Review it closely to identify errors in parties, events, or damage descriptions.

2. Request a Correction from Law Enforcement

Wis. Stat. § 346.70(4m) allows individuals to petition the reporting agency to correct factual inaccuracies within 60 days of receiving the report. Write a clear, written request that:

• Identifies the report number and date;
• Specifies each inaccuracy;
• Provides supporting evidence (e.g., photos, medical records, witness statements).

Link to statute: Wis. Stat. § 346.70(4m).

3. Submit Corrections and Evidence to the Insurance Company

Once the agency issues an amended report, send the updated version and all supporting documentation to your insurer. Under Wis. Stat. § 632.24(1)(p), insurers must conduct reasonable investigations and cannot rely on inaccurate information when settling claims. If the insurer ignores or rejects your evidence, you may have grounds for an unfair claim settlement practice complaint. See Wis. Stat. § 632.24.

4. File a Complaint with the Office of the Commissioner of Insurance (OCI)

If your insurer persists in relying on the faulty report, submit a written complaint to the Wisconsin OCI. The OCI investigates bad-faith or unfair claim practices and can order corrective action. Visit oci.wi.gov for forms and instructions.

5. Consider Appraisal or Mediation

If the dispute involves property damage valuations, review your policy’s appraisal or mediation clauses. Under Wis. Stat. § 632.13, either party can demand appraisal to resolve disagreements over the amount of loss.

6. Consult a Qualified Attorney

If your insurer still refuses to correct its decision, consider hiring a Wisconsin attorney experienced in insurance disputes. An attorney can advise you on filing suit for breach of contract or bad-faith practices and represent you in negotiations or court.

Helpful Hints

• Keep copies of every request, report, and communication.
• Use certified mail or electronic methods that track receipt.
• Document all deadlines—especially the 60-day correction window under Wis. Stat. § 346.70(4m).
• Gather independent evidence early: photographs, witness contact information, medical records.
• Follow up promptly with both the law enforcement agency and your insurer.
• Review your insurance policy’s dispute-resolution provisions.