How can I get the police report corrected if it attributes fault to me wrongly?
How can I get the police report corrected if it attributes fault to me wrongly? - North Carolina
Short Answer
In North Carolina, crash reports are created by the investigating officer and can be corrected only by that agency through a supplemental report. You request a correction by sending the officer or the agency’s records unit a written, evidence-backed request. If you received a traffic conviction from the same incident, you must fix that through the courts (appeal or a motion), not through the crash report. You can also seek body-cam or dash-cam footage by petitioning Superior Court if the agency won’t disclose it.
Understanding the Problem
You’re asking how, in North Carolina, you can correct an official crash report that wrongly lists you at fault. Here, the report says you ran off the road even though you were rear-ended, and that entry led to a moving violation on your record. The narrow question is whether and how you can get the agency to amend the report so it fairly reflects what happened.
Apply the Law
North Carolina crash reports (often called DMV-349 reports) are written by the investigating officer. The agency can issue a supplemental report if new, objective information shows the original narrative or contributing circumstances are inaccurate. There is no formal “appeal” to DMV; you must persuade the officer or a supervisor with evidence. If you were cited and found guilty, clearing your driving record requires a timely court filing (appeal or a motion). To obtain or release law-enforcement video, a petition to Superior Court is the usual route when the agency won’t disclose it.
Key Requirements
Show an objective error or new evidence: Provide proof (photos, scene measurements, ECM data, repair records, or witness statements) that contradicts the original narrative.
Ask the investigating agency for a supplemental report: Direct your written request—and your evidence—to the reporting officer or the records/supervisor unit.
Address any traffic conviction separately: If a guilty judgment entered in District Court, file a written notice of appeal within 10 days, or seek a motion for appropriate relief when allowed.
Seek video lawfully and quickly: Request body-cam/dash-cam from the agency; if denied, petition Superior Court for disclosure/release. Move fast because recordings can be overwritten under agency retention policies.
Remember civil fault is independent: Insurers and courts decide liability based on all evidence; a crash report does not control the civil outcome.
Apply the Rule to the Facts: Because the report says you ran off the road despite a rear-end impact, your best path is to request a supplemental report from the investigating agency with objective proof (e.g., photos of rear damage, debris field, and witness statements). If a moving violation was entered against you, submit a written notice of appeal within 10 days of the District Court judgment, or explore a motion for appropriate relief if the 10 days have passed. To fill the gap in video evidence, promptly request body-cam/dash-cam and, if denied, petition Superior Court under the recordings statute.
Process & Timing
Who files: You or your attorney. Where: Investigating law-enforcement agency (records unit or the officer’s supervisor). What: Written request for a supplemental crash report with supporting evidence (photos, diagrams, witness contact info, repair estimates). When: As soon as possible; agencies can be more receptive while the case is fresh.
Law-enforcement video: First request from the agency. If denied or limited to on-site viewing, file a petition in the county’s Superior Court seeking disclosure/release of body-cam/dash-cam under the recordings statute; courts typically set hearings within weeks.
Traffic case (if convicted): File a written notice of appeal with the Clerk of Superior Court within 10 days of the District Court judgment for a trial de novo, or file a motion for appropriate relief in the court that entered judgment if eligible.
Third-party video: Send preservation letters immediately to nearby property owners and carriers. If the matter cannot be resolved, file a civil action and issue subpoenas for video and data.
Outcome: If the agency agrees, it will issue a supplemental report correcting the narrative or contributing factors. Court orders can provide access to recordings; separate court action addresses any conviction on your record.
Exceptions & Pitfalls
Officers may decline to change opinions; focus on correcting factual inaccuracies with objective proof.
Crash reports do not control civil fault; insurers and courts weigh all evidence. Keep building your evidence even if the report does not change.
Body-cam/dash-cam access often requires a court order; agencies may overwrite recordings under retention schedules—act quickly.
Paying a ticket or pleading guilty creates a judgment; you must use the appeal/MAR process to address your record.
Service and notice: If you petition for recordings, follow filing and service rules precisely to avoid delays.
Conclusion
In North Carolina, you correct a crash report by persuading the investigating agency to issue a supplemental report based on objective, new evidence. If a traffic conviction is on your record, address it through a timely appeal or motion in court. To obtain law‑enforcement video, request it from the agency and, if needed, petition Superior Court. Next step: submit a written, evidence‑backed supplemental‑report request to the investigating agency as soon as possible.
Talk to a Personal Injury Attorney
If you're dealing with a crash report that wrongly blames you and a related ticket or insurance dispute, our firm has experienced attorneys who can help you understand your options and timelines. Call us 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.
