What happens if I don’t have a copy of the police report for the accident? — Durham, NC

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What happens if I don’t have a copy of the police report for the accident? — Durham, NC

Short Answer

In North Carolina, not having a copy of the police crash report usually does not stop you from pursuing a claim. You can often request the report later through the North Carolina DMV (and sometimes through the investigating law enforcement agency). For a diminished value claim, insurers commonly want documentation of the crash and repairs, but a police report is only one possible piece of that proof.

Why These Records Matter

A police crash report (often called a DMV-349 in North Carolina) can help show basic facts like the date and location of the crash, who was involved, and a short description of what happened. For a diminished value claim, it can also help tie the vehicle damage to a specific incident and support that the damage was significant enough to affect resale value.

That said, crash reports can be incomplete or contain mistakes. So even when you have one, it is usually best treated as a starting point—not the only proof.

What to Request

  • Crash report (DMV-349): The investigating officer’s written crash report, if one was created.
  • Any supplemental crash report: Sometimes an officer files an additional report later.
  • Repair documentation: Repair estimate(s), final invoice(s), and any itemized parts/labor pages showing what was repaired and replaced.
  • Photos: Pictures of the damage before repairs and photos taken during the repair process (if available).
  • Vehicle identifiers: Proof of ownership and basic vehicle information (high-level documentation, not sensitive personal data).

How to Request Them (General Steps)

  1. Start with the North Carolina DMV: In North Carolina, crash reports investigated by law enforcement are forwarded to the DMV, and the DMV can provide copies to members of the public who request them and pay the required fee.
  2. Also check with the investigating agency: Depending on where the crash happened, the local police department, sheriff’s office, or the Highway Patrol may be able to provide a copy or tell you the best way to request it.
  3. Have basic details ready: The date of the crash, the general location, and the driver’s name are commonly used to locate the correct report.

What to Do If Records Are Delayed, Missing, or Incorrect

  • Document your request: Keep a simple log of when you requested the report, who you contacted, and what you were told.
  • Ask whether the crash was “reportable”: Not every incident results in a formal crash report. If no report exists, you may need to rely more heavily on repair records, photos, and written statements describing what happened.
  • If the report has errors: You can still pursue a claim, but you may need other documentation to clarify the facts (for example, photos, repair invoices, or witness information). Some agencies have procedures to request corrections, but outcomes vary.
  • Don’t let the report do all the work: Even with a report, insurers often focus on the repair history and the market impact when evaluating diminished value.

How This Applies

Apply to these facts: Because the vehicle struck a deer and has already been repaired, the most important documents for a diminished value claim are usually the repair estimate(s), final invoice(s), and pre-repair photos showing the extent of damage. If you do not have the crash report, you can typically request the DMV-349 later through the North Carolina DMV or the investigating agency. If no report was generated, you can still build the claim using the repair file and photos to connect the damage to the deer collision.

What the Statutes Say (Optional)

  • N.C. Gen. Stat. § 20-166.1 (Crash reports) – Explains when crashes must be reported/investigated and provides that law enforcement crash reports are public records and that the DMV can provide certified copies upon request and payment of the required fee.

Conclusion

If you do not have the police crash report, that is usually a fixable paperwork problem—not the end of your claim. In many North Carolina cases, you can request a certified copy through the DMV and also check with the investigating agency. For diminished value, keep the repair estimate, final invoice, and photos organized, because those documents often carry a lot of weight. One practical next step is to request the DMV-349 and save your complete repair file in one place.

Talk to a Personal Injury Attorney in Durham

If the issue involves injuries, insurance questions, or a potential deadline, speaking with a licensed North Carolina attorney can help clarify options and timelines. Call 919-313-2737 to discuss what happened and what steps may make sense next.

Disclaimer: This article provides general information about North Carolina personal injury law based on the single question stated above. It is not legal advice and does not create an attorney-client relationship. It also is not medical advice. Laws, procedures, and local practice can change and may vary by county. If there may be a deadline, act promptly and speak with a licensed North Carolina attorney.

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