How to Dispute an Accident on Your Driving Record: A Comprehensive Guide
Seeing an accident on your driving record, especially when you weren’t at fault, can be frustrating. This guide provides a step-by-step approach to disputing an accident on your driving record and getting it removed. The core of the process involves contacting the relevant Department of Motor Vehicles (DMV), or equivalent state agency, providing documented proof that the accident information is incorrect or incomplete, and diligently following up until the issue is resolved.
Understanding Accident Reporting and Your Driving Record
Your driving record (also known as a Motor Vehicle Record or MVR) is a comprehensive history of your driving activity. It includes information like:
- Personal Information: Name, address, driver’s license number.
- Driving History: Traffic violations (speeding tickets, etc.), accidents, license suspensions, DUI convictions.
- License Status: Current status (valid, suspended, revoked) and any restrictions.
- Points: Many states operate on a point system, where traffic violations add points to your record.
How Accidents Get Reported
Accidents are typically reported to your state’s DMV through several channels:
- Police Reports: If the police respond to an accident, they file a report that includes details about the incident, including who was at fault, damage incurred, and any injuries. This report is usually sent to the DMV.
- Insurance Companies: Insurance companies are required to report certain accidents to the DMV, especially those involving significant damage or injuries.
- Self-Reporting: In some states, drivers are legally required to self-report accidents that meet certain criteria (e.g., exceeding a certain amount of property damage).
It’s crucial to understand that even if you weren’t at fault, the accident can still appear on your record. The record simply notes that you were involved in an accident. The ‘at fault’ determination is usually separate and might require further investigation to be updated correctly.
The Impact of Accidents on Your Driving Record
Having an accident on your record, even a not-at-fault one, can have negative consequences:
- Increased Insurance Premiums: Insurance companies view drivers with accidents on their records as higher risk and often raise premiums accordingly.
- Difficulty Finding Insurance: In severe cases, multiple accidents or serious at-fault accidents can make it difficult to find affordable insurance coverage.
- Employment Opportunities: Some jobs, especially those involving driving, require a clean driving record. An accident could hinder your job prospects.
Gathering Evidence to Support Your Dispute
Before you begin the dispute process, it’s vital to gather as much evidence as possible to support your claim that the accident information is incorrect or should be removed. This is where being meticulous and organized pays off.
Here’s a list of crucial documents:
- Police Report: Obtain a copy of the official police report. This document contains vital information about the accident, including the officer’s determination of fault (if any), witness statements, and a diagram of the accident scene.
- Insurance Claim Information: Gather all documentation related to your insurance claim, including the claim number, adjuster’s name and contact information, and any correspondence with your insurance company. This will show how your insurance company handled the claim and any determination of fault they made.
- Repair Estimates and Invoices: Collect copies of repair estimates and invoices for any damage to your vehicle. This will demonstrate the extent of the damage and help corroborate the accident details.
- Witness Statements: If there were any witnesses to the accident, obtain written statements from them. These statements can provide additional support for your claim.
- Photos and Videos: If you took any photos or videos of the accident scene, be sure to include them as part of your evidence. These can provide visual evidence of the damage and the circumstances surrounding the accident.
- Medical Records (if applicable): If you or anyone else involved in the accident sustained injuries, include medical records as supporting documentation.
- Any other documentation relevant to the accident.
Pro Tip: Make multiple copies of all your documents. Keep one set for your records and use the others when submitting your dispute.
Filing a Dispute with the DMV
Once you’ve gathered all your evidence, you’re ready to file a dispute with your state’s DMV (or equivalent agency). The process can vary slightly from state to state, so it’s essential to check your local DMV’s website for specific instructions.
Here are the general steps involved:
- Contact the DMV: Start by visiting your state’s DMV website or calling their customer service line. Inquire about the specific procedure for disputing an accident on your driving record. Many DMVs have online forms you can download and complete.
- Complete the Dispute Form: Fill out the dispute form accurately and completely. Be sure to include all relevant information, such as your driver’s license number, the date of the accident, and a detailed explanation of why you believe the information on your record is incorrect.
- Submit Supporting Documentation: Attach copies of all your supporting documentation to the dispute form. This includes the police report, insurance claim information, repair estimates, witness statements, photos, and any other evidence that supports your claim.
- Submit the Dispute: Submit the dispute form and supporting documentation to the DMV according to their instructions. This may involve mailing it in, submitting it online, or visiting a local DMV office in person.
- Follow Up: After submitting your dispute, follow up with the DMV to check on its status. Keep a record of all communication with the DMV, including dates, times, and the names of the individuals you spoke with.
Important Consideration: It can often take several weeks, or even months, for the DMV to investigate and resolve your dispute. Be patient and persistent.
Escalating the Issue if Necessary
If the DMV denies your dispute or fails to take action, you have other options for escalating the issue:
- Contact the DMV Supervisor: Ask to speak with a supervisor at the DMV and explain your situation. Sometimes, a higher-level review can result in a different outcome.
- File a Complaint with the State Attorney General: If you believe the DMV is not handling your dispute fairly, you can file a complaint with your state’s Attorney General’s office.
- Contact Your State Representative: Your state representative can often intervene on your behalf and help resolve issues with state agencies.
- Consult with an Attorney: If all else fails, consider consulting with an attorney specializing in traffic law or administrative law. They can advise you on your legal options and represent you in any necessary legal proceedings.
Preventing Errors in the First Place
While disputing an accident on your driving record is possible, it’s always best to prevent errors from occurring in the first place. Here are a few tips:
- Review Your Driving Record Regularly: Obtain a copy of your driving record from the DMV at least once a year to check for any errors or inaccuracies.
- Keep Accurate Records: Maintain accurate records of all traffic violations, accidents, and insurance claims.
- Promptly Report Accidents: If you’re involved in an accident, promptly report it to the police and your insurance company.
- Document Everything: Document the accident scene thoroughly and gather as much evidence as possible, including photos, witness statements, and police reports.
My Experience & Quick Fix
In my specific case, despite the police report clearly stating the other driver was at fault, my insurance company initially didn’t fight hard enough to ensure the record was corrected. After many frustrating phone calls, I realized I needed to take matters into my own hands.
What worked for me: I downloaded the ‘Request for Re-evaluation of Accident’ form from my state’s DMV website. Crucially, I didn’t just send the police report. I wrote a detailed cover letter explaining the situation, highlighting the police report’s conclusion of the other driver’s fault. I emphasized the negative impact the inaccurate record was having on my insurance rates. I also included a written statement from my insurance adjuster confirming their investigation also found the other driver at fault. That additional confirmation from my insurance company was the key! I mailed the entire package via certified mail with return receipt requested, ensuring I had proof of delivery. After about six weeks, I received a letter from the DMV confirming the accident was removed from my record. My insurance rates were then adjusted retroactively.
The most important lesson: Don’t just assume the system will automatically correct itself, even with a police report. Be proactive, gather as much supporting documentation as possible (especially from your insurance company!), and clearly articulate why the record is incorrect. A well-documented and persuasive case makes a huge difference.
Costs Associated with Disputing an Accident
Disputing an accident on your driving record can involve various costs. Here’s a breakdown of potential expenses:
| Item | Estimated Cost |
|---|---|
| Copy of Police Report | $5 - $25 |
| Copy of Driving Record | $10 - $20 |
| Certified Mail Fees | $8 - $15 |
| Attorney Consultation Fee (if applicable) | $100 - $500/hr |
| Lost Wages (for time spent on the dispute) | Varies |
While the costs can add up, the potential savings on insurance premiums and the preservation of your driving record are often worth the investment.
Conclusion
Disputing an accident on your driving record can be a challenging but worthwhile process. By understanding how accidents are reported, gathering solid evidence, filing a dispute effectively, and being persistent, you can increase your chances of getting inaccurate information removed and protecting your driving record. I know it can feel like a David-versus-Goliath situation, but armed with the right information and a proactive approach, you can achieve a positive outcome. Good luck!
Frequently Asked Questions
What is a driving record and why is it important?
A driving record (Motor Vehicle Record or MVR) is a history of your driving activity, including personal information, violations, accidents, and license status. It’s important because insurance companies, employers, and other entities use it to assess your driving risk and eligibility.
What evidence should I gather to dispute an accident on my driving record?
Gather the police report, insurance claim information, repair estimates, witness statements, photos/videos of the accident scene, and medical records (if applicable). The more evidence, the stronger your case.
What are the steps to file a dispute with the DMV?
Contact your state’s DMV, complete the dispute form, submit supporting documentation, and follow up on the status of your dispute. Persistence is key.
What can I do if the DMV denies my dispute?
Escalate the issue by contacting a DMV supervisor, filing a complaint with the State Attorney General, contacting your State Representative, or consulting with an attorney.