Short Answer

In North Carolina, use the police crash report to guide your investigation and insurance claim, but know it usually isn’t admissible in court. Build proof of fault with photos, witness statements, and the officer’s testimony if needed. Use medical records and bills to link your injuries to the crash and show costs, keeping in mind courts focus on amounts actually paid, not just billed. Act before North Carolina’s three-year deadline to file a personal injury lawsuit.

Understanding the Problem

You’re asking, in North Carolina, as the injured driver after a wreck, how you should use the police report and your medical records to prove the other driver was at fault and build a strong claim. You received ER care for a concussion. This answer focuses on how these documents support fault, causation, and damages in a North Carolina personal injury claim.

Apply the Law

To recover for a car crash under North Carolina law, you must show the other driver was negligent, their conduct caused the crash and your injuries, and you suffered losses. North Carolina’s contributory negligence rule means if you’re even slightly at fault, your recovery can be barred, so your evidence must be clear and consistent. Claims usually start with the at-fault driver’s insurer; lawsuits are filed in North Carolina state court if settlement fails. The general statute of limitations for personal injury is three years from the crash.

Key Requirements

• Prove fault (negligence): Use facts, photos, scene measurements, and witness statements. The police report can guide you, and the officer’s testimony—not the report itself—can help establish fault.
• Avoid contributory negligence: Your records and statements should not suggest you contributed to the crash. Clarify and correct any inaccuracies promptly.
• Link injuries to the crash (causation): Medical records should show timely complaints, consistent diagnoses, and doctor notes tying symptoms to the collision.
• Document damages: Collect itemized medical bills and records, wage loss proof, and repair/total loss paperwork. Courts focus on amounts paid or owed after adjustments, not just the original charges.
• Address liens and insurance: Health insurers and medical providers may claim repayment from your settlement. Track payments and notices so you can resolve liens at the end.
• Mind deadlines: Personal injury lawsuits generally must be filed within three years; missing this deadline can end your claim.

What the Statutes Say

• North Carolina Gen. Stat. § 20-166.1 (Crash reports) - Requires crash reporting; reports themselves are generally not evidence at trial.
• Rule 414 of the North Carolina Rules of Evidence - Allows recovery evidence limited to amounts actually paid or owed for medical care.
• North Carolina Gen. Stat. § 1-52 (Limitations—three years) - Sets the general three-year deadline for personal injury claims.
• North Carolina Gen. Stat. § 44-49 (Medical provider liens) - Gives providers a lien on injury recoveries when they treat crash-related injuries.

Analysis

Apply the Rule to the Facts: Because a police report exists, use it to identify witnesses, diagram details, and any citations, then gather supporting evidence (photos, statements) since the report itself is usually not admissible. Your ER concussion records help prove the crash caused your head injury; maintain complete records and bills from ER and follow-ups. With health insurance, track what was billed versus paid, because North Carolina courts look at amounts actually paid or owed. A total-loss vehicle and missed work support property damage and wage loss; document them with appraisals, pay records, and employer verification.

Process & Timing

1. Who files: Injured driver. Where: Start with the at-fault driver’s insurer; if suit is needed, file in North Carolina state court in the county where the crash occurred. What: Request the official crash report (DMV-349), collect medical records and itemized bills, pay summaries from your insurer, wage loss verification, and photos. When: Begin as soon as you’re medically stable; the lawsuit deadline is generally three years from the crash.
2. Assemble your demand: Write a timeline, attach the key evidence (witness contacts, photos, medical records/bills, wage proof), and send a demand package to the liability insurer. Expect investigation and negotiation; response times vary by insurer and county practices.
3. Resolve or file suit: If liability or value is disputed, file a complaint before the deadline. After filing, serve the defendant and continue discovery, using the officer’s testimony and your medical evidence to prove fault and damages.

Exceptions & Pitfalls

• Contributory negligence: Any fault on you can bar recovery, so be careful with statements and ensure records are consistent about how the crash happened.
• Police report limits: Don’t assume the report alone proves your case; gather independent evidence and, if needed, plan for the officer’s testimony.
• Medical gaps and inconsistencies: Delayed treatment or missing follow-ups weaken causation; keep appointments and report all symptoms.
• Amounts billed vs. paid: Track insurer payments and adjustments; you will likely need explanations of benefits to show amounts actually paid or owed.
• Liens and reimbursement: Providers and some health plans may claim part of your recovery; get lien notices early and resolve them before settlement disbursement.
• Recorded statements and authorizations: Be cautious with broad medical releases or recorded statements to insurers; limit records to crash-related care.

Talk to a Personal Injury Attorney

If you’re dealing with a car crash claim and need to use the police report and medical records to prove fault and damages, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today.

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.