How can I challenge or amend a police report that lists me at fault after a car accident?: North Carolina guidance

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How can I challenge or amend a police report that lists me at fault after a car accident? - North Carolina

Short Answer

In North Carolina, you cannot change a police crash report yourself, but you can ask the investigating agency to file a supplemental report to correct factual errors or add missing information. Officers rarely change fault opinions, yet insurers and courts can consider your independent evidence. Because North Carolina follows contributory negligence, promptly gather objective proof (photos, witnesses, video, vehicle data) and submit it to the officer and the insurers.

Understanding the Problem

The question is narrow: In North Carolina, can you ask the investigating officer or agency to correct or supplement a crash report that lists you at fault so insurers—and, if needed, a court—do not treat you as responsible? Here, the report assigns shared fault. You want a clear path to challenge mistakes or add evidence so liability is decided on accurate facts.

Apply the Law

Under North Carolina law, the investigating officer creates a DMV crash report for the agency’s records and for insurer use. Only the officer or agency can issue a correction or supplemental report. While these reports influence insurance decisions, North Carolina law generally limits their use as evidence in court; liability there depends on admissible proof. Because North Carolina applies contributory negligence, even small alleged fault can defeat an injury claim, so correcting factual errors and supplying objective evidence matters.

Key Requirements

  • Identify specific errors or omissions: Pinpoint factual mistakes (e.g., lane, signal, time, impact points) or missing witnesses/evidence.
  • Gather objective proof: Provide photos, video, 911 audio, event data recorder (EDR) downloads, repair estimates, and sworn witness statements.
  • Submit a written request to the investigating agency: Ask the officer to file a supplemental or corrected report and attach your proof.
  • Address right-of-way and speed rules: Show how traffic laws apply to the movements involved (for example, yielding on left turns versus the other driver’s speed).
  • Preserve your claim timeline: Insurers may reconsider fault, but you must still track civil filing deadlines if the dispute continues.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The report assigns shared fault. First, isolate any factual mistakes (for instance, whether you were stopped while waiting to turn left) and supply objective proof like scene photos or EDR data showing the other driver’s speed. Ask the investigating agency for a supplemental report to add missing witnesses or clarify impact points. Because contributory negligence can bar recovery, send the same evidence to both insurers to challenge the shared-fault assessment.

Process & Timing

  1. Who files: You or your attorney. Where: The investigating agency’s Records or Traffic Unit in North Carolina (city police, county agency, or North Carolina State Highway Patrol district office). What: A written request for a supplemental/corrected crash report with photos, video, diagrams, EDR data, and witness statements. When: As soon as possible—ideally within a few weeks while the officer’s memory and the evidence are fresh.
  2. If the officer declines to change opinions, ask that your materials and a written statement be added to the file. Send the same packet to all insurers and request a liability reassessment. Adjuster reviews commonly take a few weeks but vary by county and carrier.
  3. If liability remains disputed, file a civil claim in the proper North Carolina trial court (District Court for claims up to $25,000; Superior Court if higher). Expect the court to base decisions on admissible evidence, not on the crash report itself.

Exceptions & Pitfalls

  • You cannot force an officer to change opinion sections; focus on correcting concrete facts and adding missing evidence.
  • Crash reports often cannot be used as trial evidence; do not rely on amending the report alone—preserve and present independent proof.
  • Contributory negligence means even slight fault can bar recovery; counter with objective evidence of the other driver’s speed, distraction, or right-of-way violations.
  • Be cautious with recorded statements to insurers; stick to facts and avoid speculation about fault.
  • Preserve vehicle data and video quickly; delays can cause data loss that weakens your challenge.

Conclusion

In North Carolina, you cannot rewrite a police crash report, but you can ask the investigating agency to file a supplemental report to correct factual errors and include new evidence. Because the report has limits in court and contributory negligence can bar recovery, focus on objective proof and timely action. Next step: submit a written, evidence-backed request for a supplemental report to the investigating agency and send the same materials to all insurers.

Talk to a Personal Injury Attorney

If you’re facing a crash report that assigns you fault and insurers are disputing liability, our firm can help you gather evidence, request a supplemental report, and protect your claim timelines. Reach out today at (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.

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