Short Answer

In North Carolina, an insurance company can start and pay a property damage or injury claim without a police crash report, but many adjusters prefer to see it. If the report has errors or was rejected, you can ask the investigating agency to issue a supplemental report and give the insurer your own evidence (photos, witnesses, medical records) so your claim is not delayed.

Understanding the Problem

You want to know if an insurer can handle your North Carolina auto claim without the police crash report, and what to do if the report contains mistakes or was rejected. You are the injured driver seeking payment for car damage and medical treatment after a rear impact while turning. The decision point is: can you move your claim forward now, and how do you correct or work around a bad or missing report?

Apply the Law

Under North Carolina law, a police crash report is routinely created for a “reportable” crash, but no statute forces an insurer to have that report before adjusting a claim. Adjusters often rely on the report for diagrams, codes, and witness info, but they can evaluate liability and damages using other proof. A crash report does not decide fault by itself. If there is an error, you can request a supplemental report from the investigating agency; if the report was rejected by the state for formatting or completeness, the agency typically must correct and resubmit. Claims still turn on evidence of fault and damages, and North Carolina’s contributory negligence rule means insurers may deny if they believe you were even slightly at fault—so correcting meaningful errors matters.

Key Requirements

• Starting a claim without the report: Provide the insurer basic crash facts, policy numbers, photos, repair estimates, and medical records to let them evaluate liability and damages.
• Reportable crash reports: When an officer investigates a reportable crash, the agency files a DMV-349 report with the state; you can request a copy once processed.
• Fixing mistakes: Identify specific inaccuracies and ask the investigating officer/agency for a supplemental report; supply documents (photos, EDR data, medical notes) that support the correction.
• Rejected reports: If the DMV rejected the report, confirm the report number and request the agency’s records unit to correct and resubmit; follow up until the report appears in the state system.
• Deadlines still apply: Most North Carolina injury and property damage lawsuits must be filed within three years, even if a report is delayed or corrected.

What the Statutes Say

• N.C. Gen. Stat. § 20-166.1 (Report of crash) - Requires reporting and sets duties when an officer investigates a reportable crash.
• N.C. Gen. Stat. § 20-4.01 (Definitions) - Defines terms such as “reportable crash,” which guides when an official report is prepared.
• N.C. Gen. Stat. § 1-52 (Three-year limitations) - Sets the general three-year limit for negligence-based injury and property damage actions.

Analysis

Apply the Rule to the Facts: Because you were rear-ended while turning, liability may be clear from photos, vehicle positions, and witness statements—enough for an insurer to handle property damage now, even if the report is pending. If the crash report later shows an error (for example, a wrong impact point), ask the investigating agency for a supplement and give the insurer your photos and medical records so any mistake does not stall your injury claim.

Process & Timing

1. Who files: You or your attorney open claims with the at-fault driver’s insurer and your own insurer (collision/MedPay if applicable). Where: By phone or online with each insurer. What: Provide claim intake details, photos, repair estimate, and medical documentation. When: Start immediately; do not wait for the police report to begin the claim.
2. Get the crash report: If an officer investigated, request the DMV-349 crash report from the investigating agency or the state’s crash report portal once processed. Many reports post within 5–10 business days, but timing varies by agency.
3. Correct or supplement: If the report has mistakes or was rejected, contact the agency’s records unit or the reporting officer to request a supplemental report; send supporting materials. Then provide the supplement—and your independent evidence—to the adjuster.

Exceptions & Pitfalls

• No officer/no report: If the crash was not “reportable” or occurred on private property, a police report may never be created. Use photos, repair estimates, and witness statements to move your claim forward.
• Contributory negligence: Insurers may deny if they believe you were even slightly at fault. Correct any report errors that could suggest shared fault and provide your own evidence promptly.
• Relying only on the report: Adjusters may misread codes or diagrams. Always submit clear photos, written statements, and medical records to round out the evidence.
• Recorded statements: Be careful with detailed statements before you review the report and your evidence. Inaccuracies can affect fault decisions.
• Government vehicles or agencies: Different procedures and timelines can apply; act quickly because notice and filing requirements may be shorter or different than standard claims.

Talk to a Personal Injury Attorney

If you’re dealing with a North Carolina auto claim and a missing or incorrect crash report, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call (919) 341-7055 or click to dial: (919) 341-7055.

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.