Short Answer

Yes. In North Carolina, the officer’s DMV-349 crash report is a public record you can request from the investigating agency or the DMV once it’s filed. More detailed materials—like body‑camera or dash‑camera video and many investigative records—are not automatically public; you may view some recordings through the agency, but getting a copy usually requires a court order from the Superior Court.

Understanding the Problem

In North Carolina personal injury claims, you often need two things: the official crash report and, if available, additional documentation (videos, photos, measurements). The question is whether you can get these records, who you ask, and when. If an officer responded and prepared a DMV-349, you want that report for insurance and liability decisions.

Apply the Law

North Carolina law treats the officer’s crash report differently from other law enforcement records. The DMV-349 is a public record available on request. By contrast, law enforcement recordings (body‑worn and dashboard camera) are not public records; agencies may allow viewing to certain requesters, but a judge must order the release of a copy. Many investigative materials (like officer notes or certain witness statements) are exempt from public disclosure, though they can often be obtained later through discovery if a lawsuit is filed.

Key Requirements

• Crash report access: If an officer investigated, you may request the DMV-349 from the police/sheriff/highway patrol or through DMV once filed.
• Recordings (view vs. copy): You may request to view law enforcement recordings directly from the agency if your image/voice is in the video or you represent someone who is. Getting a copy generally requires a Superior Court order.
• Court forum for recordings: Petitions to release a copy of law enforcement recordings are filed in the office of the Clerk of Superior Court in the county where the recording was made and heard by a Superior Court judge.
• Redactions/limits: Agencies may redact sensitive personal data; investigative materials can be withheld if exempt. Privacy, safety, or ongoing-investigation concerns can limit access.
• Use restrictions: Personal information from motor vehicle records is restricted by privacy laws; expect certification of a permitted use and possible redactions.

What the Statutes Say

• North Carolina Gen. Stat. § 20-166.1 (Crash reports) — Officers file DMV-349 reports after qualifying crashes; these reports are available to the public.
• North Carolina Gen. Stat. § 132-1.4 (Criminal investigation records) — Many investigative records are not public records and may be withheld.
• North Carolina Gen. Stat. § 132-1.4A (Law enforcement recordings) — Body‑worn and dash‑camera recordings are not public records; viewing and release of copies follow specific procedures and often require a court order.

Analysis

Apply the Rule to the Facts: With an officer‑investigated crash, you can obtain the DMV‑349 directly from the agency or DMV once it’s filed. If you need more detail—like body‑ or dash‑camera footage—the agency may allow you to view it if you’re in the video or represent someone who is; to get a copy, you file in Superior Court in the county where the recording was made and ask a judge to order release. If you sue, broader investigative materials can be requested in civil discovery.

Process & Timing

1. Who files: You or your attorney. Where: Request the DMV‑349 from the investigating agency’s records unit or DMV; request to view recordings from the agency. To obtain a copy of recordings, file a petition in the office of the Clerk of Superior Court in the county where the recording was made. What: Crash report (DMV‑349); agency request to view recordings; petition for release of law enforcement recordings. When: Request the crash report as soon as it’s available; seek recordings promptly to preserve evidence.
2. After requesting the DMV‑349, agencies typically fulfill within days once filed. For recordings, the agency will allow or deny viewing based on statutory factors; if denied or if you need a copy, proceed to court.
3. On a court petition for release of recordings, the judge weighs factors (public interest, privacy, safety, ongoing investigations) and may order full, partial, or no release. You’ll receive a court order specifying what, if anything, must be provided.

Exceptions & Pitfalls

• Ongoing investigations, juvenile matters, or safety/privacy concerns can limit or delay access to recordings or investigative materials.
• Expect redactions of personal identifiers; don’t assume unredacted data will be provided without a court order.
• If no officer responded, there may be no DMV‑349; gather your own evidence (photos, witness info) and consider promptly notifying insurers.
• Misusing personal information from motor vehicle records can violate privacy laws—use records only for lawful claim purposes.

Talk to a Personal Injury Attorney

If you’re dealing with getting your crash report and seeking videos or investigative records for your claim, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-313-2737.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney–client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.