Does an attorney need a document from me to request a crash report?

A Client-Signed Document Is Not Generally Required to Request a Law-Enforcement Crash Report

When a report was made by a law enforcement officer, North Carolina law makes the report a public record. An attorney therefore does not generally need to establish a separate lawful reason or provide proof of representation to request that crash report.

An engagement agreement, representation agreement, authorization, or consent form may establish an attorney-client relationship, but North Carolina law does not generally require one of these documents to obtain a public law-enforcement crash report. Some agencies may use a request form or ask for information needed to identify the report.

If your partner was the person involved in the accident, your partner’s signature is not generally required for an attorney to request the public law-enforcement crash report. Your signature may not be sufficient, however, if the attorney needs authority to act for your partner on a matter other than requesting the public report, such as an applicable power of attorney or court appointment.

What the Attorney May Submit to the Agency

The attorney’s office normally prepares the actual request. Depending on whether the report is requested from the North Carolina Division of Motor Vehicles or the investigating police department, sheriff’s office, or State Highway Patrol, the request may include:

• A letter stating that the law firm represents a person involved in the crash.
• A signed engagement agreement or authorization, if the agency requests proof of representation.
• The agency’s crash-report request form.
• The client’s full name and role in the collision.
• The crash date and location.
• The names of other drivers, if known.
• The report number, investigating officer’s name, or law enforcement agency, if available.
• Any required copying or certification fee.

North Carolina law requires investigating officers to prepare reports for reportable accidents and forward them as directed by the statute. The report is commonly known as a DMV-349. Under N.C. Gen. Stat. § 20-166.1, reports prepared by law enforcement officers are public records and are open to public inspection; DMV must provide a certified copy to a member of the public who requests one and pays the applicable fee.

N.C. Gen. Stat. § 20-43.1 directs the Division of Motor Vehicles to handle personal information in motor vehicle records consistently with federal driver-privacy law. Law-enforcement crash reports, however, are specifically addressed by N.C. Gen. Stat. § 20-166.1 as public records.

Public Availability Does Not Depend on an Attorney Request

An attorney’s involvement is not required for a member of the public to inspect a law-enforcement crash report or request a certified copy from DMV under N.C. Gen. Stat. § 20-166.1. The requesting office may use a form or need information to locate the report.

A client’s authorization may establish the attorney-client relationship, but it is not generally needed to obtain a public law-enforcement crash report. It also does not authorize the disclosure of records other than the public crash report.

Information to Give the Attorney

Even when the main missing item is a signed authorization, accurate crash details can prevent delays. Gather what is available, but do not worry if you do not have every item:

• Your partner’s full legal name as it appeared on the driver’s license or report.
• The date, approximate time, and location of the crash.
• The investigating agency and officer’s name, if known.
• The crash-report or incident number.
• Names of other drivers or vehicle owners.
• A copy of the redacted report already received.
• Any email or letter explaining why the agency denied the earlier request.
• A copy of the agency’s request form or instructions.

North Carolina crash reports are generally forwarded to DMV, so an attorney may be able to request the report from DMV even when the initial inquiry went to a local agency. In other situations, requesting it directly from the investigating agency may be more efficient. The report number is helpful, but the driver’s name, crash date, and location can often be used to locate the correct record.

How This Applies to Your Partner’s Request

Because the agency declined to provide your partner with an unredacted copy but said an attorney’s office could request it, the next step is to provide the attorney with the agency’s written response and the redacted report. The attorney can determine whether the requested record is a law-enforcement crash report subject to N.C. Gen. Stat. § 20-166.1 or a different record subject to other rules.

The attorney can then determine whether the agency wants a particular request form or information to locate the report. If your partner has already retained the attorney, the existing engagement agreement may establish the attorney-client relationship, but it is not generally required to request a public law-enforcement crash report.

Before signing, your partner should read the document and ask whether it is limited to obtaining the crash report or is part of a broader agreement for legal representation. Those are different documents and may carry different responsibilities.