a couple of points...
1. Although having h1 before h3 is advisable, (though even facebook and myspace have h2 lead with h2 tags) many other factors affect search engine rankings, such as title and content meta tags.
2. Why don't you try changing your jquery accordion css, so that the tags are h1 but are sizes as h3. the appearence will be the same, and it overcomes your problem.
That was really one of the 1st things that i tryed, but for some reason jquery accordion, (its header) is working only when its h3, in any other case the layout is messed up.Anyway is not a big deal search engines can see that the actual content div has normal headings with the right order :) Atleast google stated that.