What steps can I take if the officer recorded the wrong vehicle in the accident report?
What steps can I take if the officer recorded the wrong vehicle in the accident report? - North Carolina
Short Answer
In North Carolina, you cannot change a police crash report yourself. Ask the reporting agency (police department or State Highway Patrol) to file a supplemental or amended report with proof of the error (photos, VIN, insurance, or repair records). Crash reports are generally not admissible at trial, but insurers rely on them, so request a correction promptly and share any supplement with all insurance carriers.
Understanding the Problem
You’re in North Carolina, and you want to fix a police crash report because the officer listed the wrong vehicle. You need to know whether you can correct the record, who does it, and how fast to act so insurers and any claim adjusters have accurate information.
Apply the Law
In North Carolina, the official crash report (DMV-349) is prepared by the responding officer and filed by that officer’s agency. Only the law enforcement agency can correct it—usually by issuing a supplemental report. The main forum for this request is the reporting agency’s records unit or the NC State Highway Patrol district office. Although the report is typically not admissible as evidence in civil court, it strongly influences insurance decisions, so timely correction matters.
Key Requirements
Agency control of the report: Only the reporting officer or agency can amend the official report; you cannot edit it yourself.
Objective proof: Provide clear documentation showing the mistake (e.g., VIN photos, registration, insurance declarations, body shop estimates, photos from the scene).
Supplement, not replacement: Corrections are usually made by a supplemental report; the original remains in the record.
Access and sharing: Obtain an updated copy and send it to all insurers handling the claim.
Court impact: Crash reports are generally not evidence at trial; officers testify to facts instead. Corrections still help with claims and negotiations.
Apply the Rule to the Facts: With no specific facts provided, assume the officer typed the wrong VIN and listed a different car. Because only the agency can amend the report, you would gather proof of your correct VIN and ownership, then ask the records unit for a supplemental report correcting the vehicle entry. Even though the report is typically inadmissible at trial, insurers rely on it, so the supplement can materially improve claim handling.
Process & Timing
Who files: You (or your attorney) request a correction. Where: The reporting agency’s records division or NC State Highway Patrol district office that created the report. What: Written request including crash report number, date, officer name/agency, the specific error, and proof (photos of VIN plate, registration, insurance card, repair estimate, scene photos). When: As soon as you notice the error; agencies will accept supplements later, but earlier requests are more likely to be addressed promptly.
The agency reviews your materials. If the officer agrees, the agency files a supplemental crash report and updates the record. Processing time varies by county and agency; follow up every 1–2 weeks.
Obtain the updated report and send it to all insurers. If no correction issues, provide your documentation and a written statement to insurers; in litigation, your attorney can use testimony and other admissible evidence to clarify the facts.
Exceptions & Pitfalls
Agencies may decline to amend without objective proof. Submit clear, verifiable documentation rather than only a narrative.
Supplemental reports do not delete the original. Both remain in the file; make sure insurers see the supplement.
You cannot force changes to an officer’s opinions (e.g., fault assessment). Focus on factual inaccuracies like VIN, license plate, make/model, or location details.
If the error stems from DMV database information (e.g., title/registration mismatch), you may need to fix your DMV records first so the agency can update the crash report accurately.
Conclusion
In North Carolina, only the reporting law enforcement agency can correct a crash report, typically by filing a supplemental report. Gather objective proof of the mistake and ask the agency’s records unit or State Highway Patrol district office to issue a supplement. Crash reports are generally inadmissible at trial, but insurers rely on them, so the key next step is to request a supplemental report and share it with all insurers as soon as possible.
Talk to a Personal Injury Attorney
If a crash report lists the wrong vehicle or other key facts, our firm can help you request corrections, preserve evidence, and protect your claim. Call us today to discuss your options and timelines.
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.
