Can an attorney request a crash report on behalf of a client, and what information do I need to submit the request? – North Carolina

Short Answer

Yes. In North Carolina, a law enforcement officer’s crash report is generally a public record, and a lawyer may request it on a client’s behalf the same way any member of the public can—usually through the North Carolina Division of Motor Vehicles (NCDMV) or the investigating law enforcement agency.

To make the request go smoothly, the requester typically needs enough identifying details to locate the correct report (especially the crash date, location, and at least one involved person’s name), plus payment of the required fee if a certified copy is requested.

Understanding the Problem

In North Carolina, after a vehicle crash, a law enforcement officer may prepare a written crash report and send it through the usual reporting channels. The practical question is whether an attorney can request that report for a client, and what identifying details must be provided so the correct report is found and released. The key decision point is whether the request is for the law enforcement crash report (as opposed to other records related to the event), because different rules can apply to different types of records and different offices.

Apply the Law

North Carolina law treats law enforcement crash reports as public records that are generally open for inspection and available by request, including through NCDMV. As a result, an attorney can request a crash report on behalf of a client without needing a special court order in most routine situations. The most common reasons a request gets delayed are practical, not legal—insufficient identifying information to locate the report, or requesting the wrong record from the wrong office.

Key Requirements

• The report requested must be a law enforcement crash report: The public-record rule generally applies to reports made by law enforcement officers (and certain other officials), not to every document created after a collision.
• Enough information to identify the correct crash: The request should provide key details that allow NCDMV or the investigating agency to locate the correct report in its system.
• Fee/payment for a copy (especially a certified copy): NCDMV may require payment of the statutory fee for a certified copy, and agencies often will not process the request without it.

What the Statutes Say

• N.C. Gen. Stat. § 20-166.1 (Crash reports; public inspection; certified copies) – Provides that law enforcement crash reports are public records, open to inspection, and that NCDMV must provide a certified copy to a member of the public upon request and payment of the required fee.

Analysis

Apply the Rule to the Facts: No specific facts were provided. In general, if a law enforcement officer investigated the collision and created a crash report, an attorney may request that report the same way the general public can. If the request includes the crash date and location and at least one involved person’s name (and, if available, a report number), the office processing the request can usually locate the correct record without follow-up.

Process & Timing

1. Who files: The attorney (or staff) requesting the report on behalf of the client. Where: Typically the North Carolina Division of Motor Vehicles (NCDMV) or the investigating law enforcement agency’s records unit in the county/city where the crash happened. What: A crash report request identifying the collision; many requesters use NCDMV’s crash report request procedure/form if requesting from NCDMV. When: After the report is created and submitted through the reporting channel; processing times can vary by agency and workload.
2. Provide identifying details: Commonly needed details include the date of the crash, the county/city (and road/intersection if known), the name of at least one involved driver (and sometimes date of birth), and the investigating agency (if known). A report number (often called a crash report number) helps but is not always required if other details are specific.
3. Receive the report: The office provides a copy (and, if requested and paid for, a certified copy). If the request information is incomplete or multiple crashes match the details, the office may request more identifiers before releasing the record.

Exceptions & Pitfalls

• Requesting the wrong record: A law enforcement crash report is different from 911 audio, body camera video, medical records, or insurance claim materials. Those other records can have different access rules and may require additional authorizations or formal legal process.
• Not providing enough identifiers: “A crash in March on a highway” is often not enough. Adding the exact date (or narrow range), the county/city, and an involved person’s full name reduces delays.
• Mixing up the right office: Some copies may be available from the investigating police department, sheriff’s office, or State Highway Patrol, while certified copies are commonly requested through NCDMV. Requests sent to the wrong office often get rerouted or returned.

Conclusion

Yes. In North Carolina, a law enforcement officer’s crash report is generally a public record, and an attorney may request it on a client’s behalf like any member of the public. The request should include enough details to identify the correct crash—typically the crash date, the location (county/city and roadway), and at least one involved person’s name—and the request should include the required fee if a certified copy is needed. Next step: submit a crash report request to NCDMV with those identifiers as soon as possible.

Talk to a Wrongful Death Attorney

If you’re dealing with a fatal crash and need the police report quickly to understand what happened and what deadlines may apply, 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.