What can I do to keep my case moving while I’m waiting for the accident report? – North Carolina

Short Answer

In North Carolina, a wrongful death case can keep moving even if the official crash report is not yet available online. The main priorities are preserving evidence, identifying all potentially responsible parties and insurance coverage, and tracking the key filing deadlines so the case does not get time-barred. At the same time, a written request can be made to the investigating law enforcement agency and/or the North Carolina Division of Motor Vehicles (DMV) for the report once it is processed.

Understanding the Problem

In North Carolina wrongful death matters, a common delay happens when a law enforcement agency has not finished the crash investigation or has not finalized the written crash report. The decision point is straightforward: what steps can be taken to keep the wrongful death case progressing while the official accident report remains pending. The goal is to keep the investigation, evidence preservation, and insurance identification on track so the case can be evaluated and filed in time.

Apply the Law

North Carolina law requires an investigation and written report for a “reportable” motor vehicle crash, and the law sets internal timelines for an officer to complete the report and for agencies to forward it to the DMV. Even so, a report can be delayed in practice, and the case should not pause while waiting. A wrongful death claim must also be brought by the proper party and within the applicable statute of limitations, so case progress often depends more on investigation and deadline control than on the report’s online availability.

Key Requirements

Preserve evidence early: Identify and protect physical, digital, and documentary evidence that can disappear before a report is released.
Confirm the correct claim holder and authority: A wrongful death lawsuit generally must be handled through the estate’s proper representative, and authority issues can slow or derail progress.
Track the statute of limitations and related “clocks”: A pending crash report does not automatically stop civil deadlines, so the filing timeline must be monitored from day one.

What the Statutes Say

N.C. Gen. Stat. § 20-166.1 (Crash reports and investigations) – Requires law enforcement investigation of reportable crashes, generally requires an officer’s written report within 24 hours, and makes law enforcement crash reports public records.
N.C. Gen. Stat. § 1-22 (Death before limitation expires) – Provides an additional time rule in certain situations when a person with a claim dies before the limitations period expires (timing depends on the specific claim).

Analysis

Apply the Rule to the Facts: Here, a law firm represents a deceased person’s interests after an accident and needs the official crash report, but the records office says it is still being worked on and it is not available online. Because North Carolina law contemplates that a report is created and forwarded through specific agencies, the lack of an online posting does not mean the report does not exist or that the civil case must wait. The case can keep moving by preserving evidence, identifying insurance and defendants, and controlling the filing deadline while continuing targeted written follow-ups for the report through the correct office.

Process & Timing

Who files: Counsel for the estate (through the appropriate estate representative) typically requests records. Where: (1) the investigating law enforcement agency’s records unit; and/or (2) the North Carolina Division of Motor Vehicles (DMV). What: a written public-records request for the crash report and any supplemental reports, plus a request for available “incident” materials (CAD/dispatch log, 911 call identifiers, citations, diagram, photos) if maintained. When: as soon as the agency confirms the crash report number or the basic identifiers (date/time/location/involved drivers).
Preserve key evidence while waiting: Send preservation letters to all potentially involved drivers/owners, commercial carriers (if any), and relevant third parties (tow yards, nearby businesses with cameras, property owners). Request that vehicles and electronic data be preserved. If the decedent’s phone, vehicle, or personal effects are relevant, coordinate preservation through the estate.
Build the liability and insurance picture without the report: Obtain death-related records needed to evaluate damages and causation (for example, death certificate and medical records through proper authorizations), gather witness names from family/community contacts, and request insurance information from known parties. If a police citation or charging decision exists, request that specific record separately rather than waiting on the full crash report.

Exceptions & Pitfalls

Assuming “not online” means “not obtainable”: A report may be available directly from the investigating agency or after it is forwarded to DMV even if a web portal has not updated.
Waiting on the report and losing evidence: Video footage often overwrites quickly; vehicles get repaired or salvaged; electronic data can be deleted. Preservation steps should not wait on the report’s completion.
Authority and standing problems: Wrongful death litigation usually requires the proper estate representative to act. Delays in opening an estate or confirming authority can slow record collection and settlement discussions.
Overreliance on the crash report: Crash reports help, but they can contain errors or omissions. Independent scene investigation, witness interviews, and document requests often matter more than a delayed report.

Conclusion

In North Carolina, a pending accident report does not stop a wrongful death case from progressing. The case can keep moving by preserving time-sensitive evidence, confirming the proper estate authority to act, and building liability and insurance information through other records and investigation. North Carolina law requires law enforcement crash reports for reportable crashes and treats those reports as public records, but the civil filing deadline still needs to be tracked. Next step: submit a written crash-report request to the investigating law enforcement agency (and DMV if appropriate) promptly and calendar the lawsuit filing deadline.

Talk to a Wrongful Death Attorney

If an accident report is delayed and the wrongful death case still needs to move forward, our firm has experienced attorneys who can help identify the right records to request, preserve key evidence, and track critical 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.