How to Dispute an Accident on Your Driving Record: A Comprehensive Guide
Finding an accident on your driving record that isn’t yours can be frustrating and costly. The solution involves obtaining your driving record, identifying the error, gathering supporting documentation (like an alibi or police reports), and formally disputing the accident with the reporting agency, typically the DMV. Contacting the involved insurance company can also help. If these steps fail, consider seeking legal advice.
A clean driving record is essential, impacting insurance rates, job opportunities, and peace of mind. An incorrect accident listing can cause stress, but with a systematic approach and thorough documentation, you can rectify the error. Let’s explore the process in detail.
Understanding the Problem: Why Accidents Appear Incorrectly
Errors happen. Understanding why can help you address the problem more effectively. Common causes include:
- Mistaken Identity: Similar names, addresses, or driver’s license numbers can lead to accidents being incorrectly attributed.
- Clerical Errors: Typos during data entry can assign accidents to the wrong driver.
- Unfair Accident Reporting: Even minor involvement might be misreported, especially if fault isn’t clearly determined, or due to “no-fault” state laws.
- Fraudulent Claims: Rarely, someone might fraudulently use your information, leading to a false accident claim.
Step 1: Obtain and Review Your Driving Record
Your first and most crucial step is to obtain your driving record and meticulously review it.
- How to Get Your Driving Record: Each state has its own Department of Motor Vehicles (DMV) or equivalent agency. Visit your state’s DMV website and look for options like “Driving Record Request” or “Driver History Report.”
- Types of Driving Records: You’ll typically find options like “basic” or “official” records. You’ll most likely need the “official” record for insurance or legal disputes, as it contains all accidents and violations.
- Cost: The cost varies by state, ranging from $5 to $25. Here are some examples:
State Estimated Cost California $2 - $5 Texas $6 - $8 New York $10- $12 Florida $8 - $10 Georgia $8 - $10 - Review the Record Meticulously: Carefully examine each entry, paying close attention to:
- Date of the Accident: Were you even in the state at that time?
- Location of the Accident: Were you near that location on that day?
- Parties Involved: Do you recognize the other driver’s name or vehicle description?
- Description of the Accident: Does the description match any accident you were involved in?
- Fault Determination: Who was deemed at fault? Dispute this if you believe it’s incorrect.
- Reporting Agency: Which insurance company or law enforcement agency reported the accident?
Step 2: Gather Supporting Documentation
The more evidence you have, the better your chances of a successful dispute.
- Police Reports: If you were involved in a different accident around the same time, obtain its police report to distinguish it.
- Insurance Records: Provide records from your insurance company showing you weren’t involved in the disputed accident.
- Alibi: Prove you were elsewhere with:
- Travel Records: Airline tickets, hotel reservations, rental car agreements.
- Credit Card Statements: Showing purchases in a different location.
- Work Records: Timesheets, pay stubs, or a letter from your employer.
- Affidavits: Statements from friends, family, or coworkers.
- Vehicle Repair Bills: If your vehicle was being repaired, provide the bill with dates.
- Photos and Videos: Include any supporting visuals.
- Legal Documents: Include court documents if there was a ruling in your favor.
Step 3: Formally Dispute the Accident
Officially challenge the incorrect information.
- Contact the Reporting Agency (DMV or Equivalent):
- Find the Dispute Form: Most DMVs have a specific form on their website.
- Written Statement: Prepare a clear, concise statement explaining why the accident is incorrect. Be specific about the date, location and explanation of why it is incorrect.
- Supporting Documentation: Attach all documentation from Step 2.
- Submission: Follow the DMV’s instructions. Mail it, submit it online, or visit in person. Keep copies of everything.
- Contact the Insurance Company (If Identifiable):
- Contact the reporting insurance company directly.
- Explain the situation and provide the same documentation you submitted to the DMV.
- They may investigate and correct their records.
Step 4: Follow Up and Escalate (If Necessary)
The dispute process takes time. Follow up regularly.
- Track Your Submission: Track when you submitted and any reference numbers.
- Follow Up Regularly: Contact the DMV and insurance company periodically.
- Escalate if Needed: Ask to speak to a supervisor or manager if you aren’t getting satisfactory results.
- Consider Legal Options: Consult a lawyer if all else fails. They can advise you and potentially assist in removing the accident from your record.
How Long Does it Take?
Resolution times vary from a few weeks to several months, depending on the state, complexity, and agency responsiveness. Patience is key.
Potential Costs
While disputing is often free, consider these potential costs:
| Expense | Estimated Cost |
|---|---|
| Driving Record | $5 - $25 |
| Copies and Postage | $5 - $20 |
| Legal Consultation (Optional) | $100 - $500+ |
My Experience & Quick Fix
In my case, the listed accident had a similar license plate, but the vehicle year was wrong. I suspected a data entry error.
My Quick Fix:
- Downloaded and filled out the official DMV dispute form.
- Wrote a concise letter explaining the license plate discrepancy and included my vehicle registration.
- Faxed the form and documentation to the DMV’s dispute department.
- Called the DMV customer service line a week later to check the status.
- Called again two weeks later and spoke to a helpful representative who confirmed the error and said it was being corrected.
- Received an updated driving record by mail with the accident removed.
The key was clear documentation and persistent follow-up. I also used online forums to find the best number to call for a faster response.
Prevention is Better Than Cure
Minimize risk with these steps:
- Regularly Check Your Driving Record: Check it at least once a year.
- Review Insurance Policies Carefully: Ensure accuracy.
- Keep Accurate Records: Maintain copies of important documents.
Final Thoughts
Disputing an accident can be frustrating, but persistence and thoroughness are crucial. By following these steps and gathering documentation, you can increase your chances of success. Remember, you have the right to challenge inaccurate information. Good luck!
Frequently Asked Questions
How do I get a copy of my driving record?
Visit your state’s Department of Motor Vehicles (DMV) website and look for options like “Driving Record Request” or “Driver History Report.” You’ll likely need the “official” record.
What kind of documentation should I gather to support my dispute?
Gather police reports (if you were involved in a different accident), insurance records, travel records (to prove you were elsewhere), vehicle repair bills, photos/videos, and any relevant legal documents.
How long does it take to resolve a driving record dispute?
The timeframe varies from a few weeks to several months, depending on the state, the complexity of the issue, and the responsiveness of the reporting agency.
What if the DMV or insurance company doesn’t respond to my dispute?
Follow up regularly with the DMV and insurance company. Escalate the issue by asking to speak to a supervisor or manager. If all else fails, consider consulting with a lawyer.
Is there a cost to disputing an accident on my driving record?
While disputing the accident may be free, getting your driving record and sending copies of your supporting documents may incur costs. Consulting with a lawyer may cost several hundred dollars.