Short Answer

You can ask the investigating officer or law enforcement agency to correct an objective mistake or add a supplemental report, but you generally cannot require the officer to change an uncertain fault conclusion. Send a focused written request identifying the report number, the disputed entry, and the photos or other evidence supporting your request. Even without a correction, you can provide that evidence directly to the insurance companies because the report does not automatically decide civil fault.

What “Fault Could Not Be Determined” Usually Means

This statement usually means the investigating officer did not believe the available information supported assigning responsibility to either driver. It does not necessarily mean both drivers were equally responsible, and it does not prevent an insurer, attorney, judge, or jury from reaching a different conclusion after reviewing additional evidence.

North Carolina’s crash-reporting law, N.C. Gen. Stat. § 20-166.1, requires an investigating officer to prepare a written report for a reportable crash and include information about its cause, conditions, people, and vehicles. The law does not require an officer to assign fault when the evidence is uncertain.

A North Carolina DMV-349 crash report is an important starting point, but it is only one part of the investigation. Officers may have limited witness information, conflicting driver statements, or insufficient physical evidence when completing the initial report.

How to Request a Correction or Supplemental Report

Begin with the law enforcement agency that prepared the report. For a Durham crash, that might be the Durham Police Department, the Durham County Sheriff’s Office, or the North Carolina State Highway Patrol, depending on where the collision occurred and which agency responded.

1. Get the complete report. Obtain every page of the DMV-349 and check whether a supplemental report has already been filed. Review the diagram, narrative, contributing-circumstance codes, witness section, citations, vehicle information, and insurance information.
2. Separate factual errors from disputed conclusions. An incorrect vehicle direction, witness name, road location, or insurance entry is different from an officer’s judgment that fault could not be determined. Agencies may be more willing to correct an objectively verifiable error than to revise an opinion.
3. Contact the investigating officer. Use the officer’s name, agency, report number, crash date, and location. Ask whether the officer will review additional evidence and consider an amended or supplemental report.
4. Make the request in writing. Identify the exact report entry at issue. Explain the requested change in a few clear sentences and attach organized copies of the supporting evidence. Keep the originals.
5. Ask about the agency’s review procedure. If the officer declines or is unavailable, ask the records unit whether the agency has a process for review by a supervisor. A supervisor may review the request, but that does not guarantee a change.
6. Check for an updated report. If the officer agrees to supplement or amend the report, confirm when it was submitted and obtain a new copy. North Carolina crash reports are forwarded to the Division of Motor Vehicles, so an update may not appear immediately in every records system.

A useful request is narrow and evidence-based. Avoid asking the officer simply to “find the other driver at fault.” Instead, explain what a specific photo, witness statement, video, or physical mark shows and how it relates to an entry in the report.

Evidence to Include With the Request

Police photographs may be helpful, but photos of vehicle damage do not always establish who had the right of way or what each driver did before impact. Consider collecting the complete set of available evidence:

• The original DMV-349 and any supplemental reports.
• All scene and vehicle photographs in their original electronic format.
• Dash-camera, doorbell-camera, business-security, or traffic-camera video.
• Names, contact information, and accurate statements from independent witnesses.
• Vehicle repair estimates and photographs showing hidden or structural damage.
• Measurements, debris locations, skid marks, gouge marks, and final vehicle positions.
• 911 recordings, dispatch records, body-camera footage, and the officer’s available photographs or notes.
• Citation records, if any, while recognizing that a citation alone may not resolve civil liability.
• Letters, emails, and recorded claim numbers from each insurance company.

Preserve electronic files without editing them. Videos can be erased, vehicles can be repaired or sold, and businesses may routinely overwrite recordings. Request potentially useful material promptly.

A Police Report Correction Is Not the Only Way to Prove Fault

The insurance adjuster conducts a separate liability investigation. If the report remains unchanged, send the relevant evidence directly to the adjuster with a short written explanation. Ask the insurer to confirm what evidence it reviewed and to provide its liability decision in writing.

Evidence may show vehicle movement, lane position, impact angle, traffic-control devices, visibility, driver statements, or a failure to yield. Repair records can also reveal damage that was not visible at the scene. The goal is to present the full sequence of the crash rather than relying on one report entry.

North Carolina’s contributory negligence rule makes this especially important. If the defense proves that the injured person’s own negligence helped cause the collision, that defense can create serious problems for the injury claim. Under N.C. Gen. Stat. § 1-139, the party raising contributory negligence generally has the burden of proving it. Your evidence should therefore address both what the other driver did and why your conduct was reasonable.

How This Applies When Repairs and Medical Bills Are Delayed

Here, the individual believes the police photographs support fault by the other driver, but the report says fault could not be determined. The practical next step is to obtain the complete photograph set and report, identify what the images actually establish, and submit a written request to the investigating officer. For example, the request might identify vehicle resting positions, impact locations, roadway markings, or debris that appear inconsistent with a driver’s account.

At the same time, the correction request should not be the only step. The individual can send the evidence to both insurers and request a written liability review. Depending on the policy language and available coverage, the person’s own collision coverage may provide a route for vehicle repairs, and medical-payments coverage may apply to certain medical expenses. Deductibles, repayment rights, coverage limits, and other policy terms may matter, so no coverage should be assumed without reviewing the actual policy.

Keep medical bills, records, visit summaries, repair estimates, towing or storage documents, rental records, and out-of-pocket receipts. Follow the instructions of medical providers and document symptoms accurately. Do not delay necessary claim documentation while waiting to see whether the police report changes.

Do Not Let the Correction Process Control the Claim Deadline

Many North Carolina personal injury and property-damage lawsuits are subject to a three-year limitations period under N.C. Gen. Stat. § 1-52, although different facts can produce different deadlines. Asking for a corrected report, negotiating with an adjuster, or waiting for an insurance decision does not automatically extend the time to file a lawsuit.

The safest approach is to track the crash date and have any possible deadline reviewed promptly. A report amendment can help organize the evidence, but it is not a substitute for protecting the underlying claim.

When Wallace Pierce Law May Be Able to Help

Wallace Pierce Law may be able to review the DMV-349, police photographs, diagrams, vehicle damage, witness information, and insurer correspondence to identify why fault remains disputed. The firm may also help request available agency materials, organize a focused supplemental-report request, and present evidence to the insurer independently of the officer’s conclusion.

For a Durham car accident claim involving unpaid medical bills or delayed vehicle repairs, an attorney can also evaluate possible coverage sources, address contributory-negligence arguments, document losses, and track applicable deadlines. Whether a report can be changed and whether a claim can proceed depend on the available evidence and circumstances.

Talk to a Personal Injury Attorney in Durham

If your question involves injuries, insurance, fault, medical documentation, settlement paperwork, or a possible deadline, speaking with a licensed North Carolina attorney can help clarify your options. 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 is not medical advice, tax advice, or insurance policy interpretation. 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.