How do I get and use the police report and EMS records to support my injury claim?

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How do I get and use the police report and EMS records to support my injury claim? - North Carolina

Short Answer

In North Carolina, you can usually obtain a copy of the crash (police) report through the agency that investigated the wreck or through the DMV, and you can obtain your EMS (ambulance) patient care report by signing a written authorization. You then use these records to document when and how the incident happened, confirm you reported injuries right away, and create a timeline that ties the crash to your medical treatment. The key is to request the right documents, keep them complete and unedited, and understand that these records help support a claim but do not automatically prove fault or the full value of your case.

Understanding the Problem

If you were hit by a vehicle in a North Carolina parking lot and an officer made a report, you may be asking: how do I get the police report and the EMS records, and how do I use them to back up my injury claim without accidentally hurting my case or missing something important?

Apply the Law

In North Carolina, crash reports are commonly available through the investigating law enforcement agency and/or the North Carolina Division of Motor Vehicles (DMV). EMS patient care reports are medical records, and they are generally confidential; they are typically released to you (the patient) or your designated representative with written consent, or by court order. For medical records generally, North Carolina law allows providers to charge copy fees up to statutory maximums, so it is normal to see a per-page charge when you request records.

Key Requirements

  • Identify the correct record: Ask for the crash report (often the DMV crash report form) and the EMS “patient care report” (PCR), not just a billing statement.
  • Prove you are entitled to the EMS record: Because EMS records are confidential medical records, you usually must provide written consent (a signed authorization) or have a lawyer request them as your designated representative.
  • Request complete copies: For EMS, request the full narrative, vitals, assessment, treatment given, and transport details; for the crash report, request all pages and any listed supplements.
  • Keep the chain of custody clean: Save the records as received (PDF or certified copy) and avoid altering, highlighting, or “editing” the original file you may later need to share.
  • Use the records for specific purposes: Police reports often help with identification (who/where/when) and insurance details; EMS records often help with injury timing, symptoms, and early treatment.
  • Expect fees and processing time: Providers may charge record-copy fees under North Carolina law, and agencies/providers may take time to process requests.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Because a police report was made after you were hit in a parking lot, the crash report can help document the basic facts (date/time/location, involved parties, and the investigating agency) and can point to insurance information and witnesses. Because EMS transported you to the ER for a broken elbow that required surgery, the EMS patient care report can help show you reported symptoms immediately, needed transport, and received early assessment and treatment—details that often matter when an insurer questions whether an injury was caused by the incident or happened later.

Process & Timing

  1. Who files: You (the injured person) or your attorney. Where: (a) the law enforcement agency that investigated the crash, and/or (b) the North Carolina DMV for a copy of the crash report; and (c) the EMS agency/provider that transported you for the patient care report. What: A written request for the crash report; and for EMS records, a signed medical authorization (HIPAA-style release) naming the EMS provider and allowing release to you or your attorney. When: As soon as you can—ideally within days or weeks—so you can confirm details while the claim is fresh and before documents are harder to track down.
  2. Next step: Review the crash report for accuracy (names, date/time, location, vehicle information, and listed witnesses). Review the EMS report for the timeline (dispatch time, arrival, complaints, vitals, assessment, treatment, and transport destination). If something is wrong, ask your attorney about the proper way to address it; do not “fix” the document yourself.
  3. Final step: Use the records as attachments or support for your claim package (often called a demand) and as a roadmap for what other records to request (ER records, imaging, operative reports, follow-up orthopedics, and work notes). If a lawsuit is filed, these records may also guide what evidence is requested formally through subpoenas and discovery.

Exceptions & Pitfalls

  • Assuming the police report “proves fault”: In many cases, the report is helpful background, but it may contain mistakes, incomplete information, or statements that are disputed. Treat it as one piece of evidence, not the whole case.
  • Requesting the wrong EMS document: An EMS bill is not the same as the patient care report. For injury proof, you usually want the full patient care report (including narrative and vitals), not just charges.
  • Privacy and authorization problems: EMS records are confidential under North Carolina law, so a missing signature, incomplete authorization, or wrong recipient name can stall your request.
  • Gaps in treatment timeline: If the EMS report shows significant pain or limited function and then there is a long gap before follow-up care, insurers often argue the injury was not serious or was caused by something else. If you have a gap for a legitimate reason, document it and discuss it with your attorney.
  • Over-sharing to the insurer: Insurers often ask for broad medical authorizations. A narrow, targeted request for records related to the incident is often safer than signing an unlimited release without legal advice.

Conclusion

To support an injury claim in North Carolina, get the crash (police) report from the investigating agency and/or the DMV, and get your EMS patient care report by providing written consent because EMS records are confidential medical records. Use the police report to confirm the basic incident details and the EMS report to document immediate symptoms, assessment, and transport. Next step: submit a written request for the crash report and a signed authorization to the EMS provider as soon as possible.

Talk to a Personal Injury Attorney

If you're dealing with a parking-lot collision and trying to use a police report and EMS records to support an injury claim, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call CONTACT NUMBER.

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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