How do I get the police report and use it to support my car accident claim?

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How do I get the police report and use it to support my car accident claim? - North Carolina

Short Answer

In North Carolina, the investigating officer’s crash report is generally a public record, and you can usually get a certified copy through the North Carolina Division of Motor Vehicles (DMV) for a set fee. Once you have it, you use the report to confirm the parties, insurance information, location, and the officer’s recorded observations—then pair it with medical records and wage documentation to support your injury claim. The report helps your claim, but it does not automatically “prove” fault or your injuries by itself.

Understanding the Problem

If you were hurt in a North Carolina crash and police responded, you may be wondering: can you get the officer’s crash report, and how do you use it to support an insurance claim—especially when you were a passenger and you went to the ER the same day?

Apply the Law

North Carolina law requires law enforcement to investigate certain “reportable” crashes and prepare a written crash report, typically within a short time after the crash. Those law-enforcement crash reports are treated as public records and are generally available for public inspection and for purchase as a certified copy through the DMV. A certified copy matters because it is the official version insurers (and sometimes courts) are more likely to accept without arguing about authenticity.

Key Requirements

  • A law-enforcement crash report exists: The crash must have been investigated by a law-enforcement officer who prepared a written report (often referred to as a DMV crash report).
  • You request it from the right place: In many cases, the most reliable source is the North Carolina DMV, which can provide a certified copy for a statutory fee.
  • You have identifying details: The request typically goes faster if you have the crash date, location, and at least one driver’s name (or the report number if you were given one).
  • You use it for the right purpose: The report is best used to confirm the basics (who/what/where/insurance) and to identify witnesses and investigating agencies—not as the only proof of fault or injury.
  • You back it up with medical and wage proof: Insurers usually evaluate injury claims based on treatment records, bills, and work-loss documentation, with the crash report as supporting context.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Because police and EMS responded to the highway rear-end collision, there is a strong chance a law-enforcement crash report was created and forwarded through the normal channels. As a passenger, you can still request a certified copy and use it to confirm the drivers/vehicles involved, identify the correct insurance carriers, and document the basic crash details. Since you went to the ER the same day for a head injury, the report can help connect the timing of the crash to your immediate medical visit, but your medical records and follow-up care will do most of the work in proving injury-related damages.

Process & Timing

  1. Who files: You (or your attorney). Where: North Carolina Division of Motor Vehicles (DMV). What: Request a certified copy of the crash report (often associated with the DMV crash report form). When: After the report is completed and processed; if you request too early, the DMV or agency may not have it yet.
  2. Confirm you have the right report: Match the date, location, and parties. If anything is wrong (vehicle listed incorrectly, wrong passenger name, missing insurance), note it and gather documents that correct it (photos, rideshare trip receipt screenshots, discharge paperwork, etc.).
  3. Use it to build your claim packet: Provide the report to the relevant insurers (often the at-fault driver’s insurer and potentially the rideshare vehicle’s coverage depending on the situation) along with your ER records, itemized bills, and proof of missed work.

Exceptions & Pitfalls

  • Assuming the report “decides” fault: The report can be persuasive, but insurers may still dispute liability or argue about what caused your symptoms.
  • Relying on the narrative instead of the details: The most useful parts are often the identifiers—names, insurance, diagram, witness list, and cited violations—because they help you prove who should be paying and who to contact.
  • Not getting a certified copy: An uncertified copy may be fine for initial claim handling, but a certified copy is often more useful if the claim becomes contested.
  • Missing the medical “paper trail” for a head injury: For concussion-type symptoms, insurers often look for consistent follow-up care and clear documentation of ongoing symptoms. Gaps in treatment can be used to argue you recovered quickly or something else caused the symptoms.
  • Overlooking wage documentation: If you missed work, keep employer verification and pay records. Without documentation, insurers often treat wage loss as unproven.
  • Sharing too much with adjusters: Provide records that support your claim, but be cautious with recorded statements or broad medical authorizations that allow fishing through unrelated history.

Conclusion

In North Carolina, you can usually obtain the investigating officer’s crash report as a public record by requesting a certified copy from the DMV and paying the statutory fee. Use the report to confirm the parties, insurance information, and basic crash facts, then support your injury claim with medical records (especially ER and follow-up care) and proof of missed work. Next step: request a certified crash report from the North Carolina DMV as soon as it is available.

Talk to a Personal Injury Attorney

If you’re dealing with a car accident injury claim and need to gather the crash report and supporting records, 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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