To remove a non-fault accident from your driving record, you may need to file corrections in up to three separate places: the police accident report, your state licensing agency’s driving record, and the LexisNexis CLUE report insurers use to price your policy. Each has its own process, and correcting one does not update the others. Start with the police report when fault is miscoded there, because it’s the document every other file traces back to.
Why the Accident Is on Your Record at All
State licensing agencies log accidents reported by law enforcement whether or not you were at fault. The entry typically stays on your driving record for three to ten years depending on the state and the severity of the crash. Anyone who pulls the record during that window (insurers, employers, landlords running a driving check) will see it.
A handful of states prohibit insurers from surcharging you for accidents you didn’t cause. Most don’t. In those states, your insurer can use a non-fault accident as a rating factor and raise your premium even though you did nothing wrong. That’s the practical reason to bother with corrections: not just the record itself, but what other companies do with it.
Two systems run in parallel. Your state agency (DMV, DPS, or BMV depending on the state) keeps the official driving record. LexisNexis maintains the Comprehensive Loss Underwriting Exchange (CLUE) report, which tracks insurance claims history. Fixing one has no effect on the other.
Confirm How the Accident Is Actually Coded
Before filing anything, pull the documents and read them. Get a copy of the police accident report from the responding law enforcement agency. Read the narrative closely: the officer’s description of how the collision happened, any witness statements, and the diagram of vehicle positions. Officers sometimes assign fault based on incomplete information at the scene, or the report may be ambiguous about who caused the crash.
Then check what your insurer concluded. Insurance companies conduct their own investigation and sometimes reach a different fault determination than the police report. If your insurer classified you as not at fault, get that in writing. It becomes the most useful single piece of evidence in every dispute that follows.
Also request a certified copy of your driving record from the state licensing agency so you can see how the accident is coded there. Fees typically range from a few dollars to about $25. Some states list accidents without assigning fault; others include a fault indicator that may or may not match reality.
Correcting the Police Report
The police report is the foundation document. If it contains errors about fault, fixing it first makes every later dispute easier. Contact the law enforcement agency that filed the report and ask to speak with the officer who wrote it or their supervisor. Bring evidence that shows the error clearly: photographs of vehicle damage, dashcam or surveillance footage, witness contact information, or your insurer’s determination letter.
Straightforward errors (a transposed license plate, the wrong vehicle described as the striking car, damage noted on the wrong side) sometimes get corrected with a supplemental or amended report. Disputed fault determinations are harder. Most agencies will not change an officer’s opinion about fault based on your disagreement alone. You need concrete evidence that contradicts the narrative.
If the agency refuses, ask for the denial in writing. Some jurisdictions let you attach a written statement to the original report so anyone who pulls it later sees your side. That doesn’t change the report itself, but it creates a paper trail you can use in the DMV and insurance disputes.
Disputing the Entry on Your State Driving Record
File a formal dispute with the licensing agency. This usually requires a written statement explaining the error along with supporting evidence. The strongest package includes an amended police report, your insurance company’s not-at-fault determination letter, photographs, and any witness statements. Follow the agency’s specific submission instructions closely: forms, required documents, and deadlines vary by state, and some agencies have a dedicated record correction form separate from general dispute processes.
Once you submit, the agency investigates by reviewing your evidence and often contacting the reporting law enforcement agency or your insurer. Four to six weeks is a common processing window. If the agency agrees the record is inaccurate, they update it. If your dispute is denied, most states offer an appeal through administrative review or a formal hearing.
Correcting Your CLUE Insurance Report
Even after your state driving record is fixed, your CLUE report may still show the accident inaccurately. Insurance companies feed claims data to LexisNexis, and that data follows you when you shop for coverage. A CLUE report showing an at-fault accident you didn’t cause can push every quote higher.
Under the Fair Credit Reporting Act, you have the right to request a free copy of your consumer report from any consumer reporting agency, including LexisNexis. You can request your CLUE report online, by phone at 866-897-8126, or by mail to LexisNexis Risk Solutions Consumer Center, P.O. Box 105108, Atlanta, GA 30348-5108.1Consumer Financial Protection Bureau. LexisNexis C.L.U.E. and Telematics OnDemand
If the report contains inaccurate fault information, you have two avenues. First, contact the insurance company that reported the data. If your insurer already determined you were not at fault, ask them to correct what they submitted to LexisNexis. The company that furnished the incorrect information is required to correct it and notify all consumer reporting agencies it sent the bad data to.1Consumer Financial Protection Bureau. LexisNexis C.L.U.E. and Telematics OnDemand Second, file a dispute directly with LexisNexis. Under the FCRA, consumer reporting agencies must investigate your dispute free of charge and correct or delete inaccurate or unverifiable information, generally within 30 days. If a consumer reporting agency violates these obligations, you can sue in state or federal court.2Consumer Financial Protection Bureau. A Summary of Your Rights Under the Fair Credit Reporting Act
The CLUE dispute is the step most drivers skip, and it’s often the one that matters most financially. Your state driving record affects points and license status. Your CLUE report is what insurers actually use to price your policy.
If the Agency Denies Your Dispute
When a written dispute with the licensing agency is denied, most states let you request a formal administrative hearing. You file an application with the agency or an administrative law division, and there may be a fee. At the hearing you present evidence and arguments to a hearing officer, and the agency presents its basis for keeping the record as-is. The hearing officer issues a written decision.
Come prepared. Bring every document you have: the police report (amended or original), your insurer’s determination letter, photographs, witness statements, and any correspondence with the agency. The burden is on you to show the record is wrong. A hearing officer looking at a well-organized packet of consistent evidence is far more likely to rule in your favor than one who hears you simply disagree with the police report.
If the administrative hearing goes against you, the final option is a civil court petition. You file explaining the factual basis for your dispute and the legal grounds for correction, with the licensing agency named as the opposing party. Filing fees, procedural rules, and deadlines vary by jurisdiction. At this stage, hiring a traffic law attorney is worth serious consideration; courts expect formal evidence presentation, and an attorney who handles these cases regularly knows what judges look for. Court petitions for driving record corrections are uncommon. Most disputes resolve at the agency level or through the administrative hearing.
Commercial Drivers Have a Separate Federal Track
If you drive commercially, correcting your state record and CLUE report isn’t enough. The Federal Motor Carrier Safety Administration maintains crash data through its Safety Measurement System, and that data appears in Pre-Employment Screening Program (PSP) reports that trucking companies review before hiring. A crash on your PSP report can cost you jobs even when you weren’t at fault.
FMCSA’s Crash Preventability Determination Program reviews specific crash types and can classify a crash as “Not Preventable.” Crashes with that designation are separated from other crashes in SMS and excluded from the Crash Indicator BASIC that FMCSA uses to prioritize carriers for safety interventions. The determination is also noted on your PSP record, signaling to prospective employers that the crash wasn’t your fault.3Federal Motor Carrier Safety Administration. Crash Preventability Determination Program FAQs
To request a review, submit a Request for Data Review through FMCSA’s DataQs system at dataqs.fmcsa.dot.gov. You must include the police accident report; submissions without one are closed as ineligible. You can also upload videos, photographs, and court documents. The burden is on you to show the crash qualifies under one of the program’s eligible crash types and was not preventable.4Federal Motor Carrier Safety Administration. DataQs Help Center Once FMCSA makes a determination, results post to the PSP within 60 days.3Federal Motor Carrier Safety Administration. Crash Preventability Determination Program FAQs
FMCSA systems only display crash data up to five years old, so crashes beyond that window drop off PSP and SMS records automatically.3Federal Motor Carrier Safety Administration. Crash Preventability Determination Program FAQs Within that window, a not-preventable determination is one of the most valuable things a commercial driver can secure after an accident that wasn’t their fault.
Verify the Corrections Actually Stuck
After a correction is processed, pull fresh copies of every record you disputed. Request an updated certified driving record from your state licensing agency. If you disputed your CLUE report, request a new copy from LexisNexis to confirm the fault coding has been corrected. Commercial drivers should check their PSP report for the not-preventable notation.
If a record hasn’t been updated after the agency or reporting company agreed to the correction, follow up immediately. For state records, contact the licensing agency with your dispute decision in hand. For CLUE reports, contact LexisNexis again and reference your dispute case number. Keep copies of every letter, email, form, and decision throughout the process. That documentation protects you if the error resurfaces later or if you need to go back to court to enforce a correction that was already granted.