How can I get an accident report if it isn’t available online yet? – North Carolina

Short Answer

In North Carolina, a law enforcement crash report is a public record, but it may take time to be completed and transmitted to the state system that feeds online portals. When the report is not online yet, the fastest path is usually to request it directly from the investigating law enforcement agency (police department, sheriff, or State Highway Patrol) and, if needed, request a certified copy from the N.C. Division of Motor Vehicles (DMV) once the report has been filed there. If the crash involved a death, a supplemental report may also be required, which can add delay.

Understanding the Problem

In North Carolina, a personal representative or attorney handling a wrongful death matter may need the official crash report to confirm who investigated the wreck, identify involved drivers and insurers, and document the basic crash facts. The issue arises when the report is not showing up in an online search because the records office says the report is still being worked on. The single decision point is what steps to take to obtain the report before it appears online, and which office should receive the request while the report is still in progress.

Apply the Law

North Carolina law requires law enforcement to investigate certain “reportable” crashes and to prepare a written crash report on a set timeline. Those law enforcement crash reports are public records and are generally open to inspection, and the DMV must provide a certified copy to a member of the public who requests it and pays the required fee. In practice, online availability often depends on when the investigating agency finalizes the report and forwards it through the required channels to the DMV.

Key Requirements

Identify the investigating agency: The correct agency depends on where the crash happened (city police, county sheriff/qualified rural police, or the State Highway Patrol). Requests often move faster when sent to the agency that wrote the report.
Confirm the report’s status in the workflow: A report can be “being worked on” (not finalized), finalized but not yet forwarded, or forwarded but not yet indexed in the DMV/online system.
Request the right version (uncertified vs. certified): An uncertified copy may be available sooner from the investigating agency, while a certified copy typically comes from the DMV once the report has been filed there and the fee is paid.

What the Statutes Say

N.C. Gen. Stat. § 20-166.1 (Crash reports; investigation; public records) – Requires investigation and written reporting for reportable crashes, sets forwarding timelines, and states that law enforcement crash reports are public records; also addresses supplemental reporting when an injured person later dies.

Analysis

Apply the Rule to the Facts: The facts describe a fatal accident where a law firm needs the official crash report, but the report is not online and the records office says it is still being worked on. Under North Carolina’s crash reporting rules, the investigating officer must prepare a written report and it must be forwarded through the required channels before it reliably appears in statewide systems. Because the crash involved a death, the investigating officer may also need to file a supplemental report if the death was not included in the original report, which can be one reason the report is delayed or updated after the initial draft.

Process & Timing

Who files: The requesting party (often the personal representative, a family member, an insurer, or an attorney with authorization). Where: First, the investigating law enforcement agency’s records unit (police department, sheriff’s office, or State Highway Patrol troop/office) in the area where the crash occurred. What: A request for the crash report by crash date/location and involved party names (and the crash/report number if known). When: As soon as the investigating agency confirms a report exists, even if it is not online yet.
Follow up based on status: If the agency confirms the report is not finalized, request an estimated completion date and ask whether a preliminary/unofficial copy can be released. If the agency confirms it is finalized, ask whether it has been forwarded to the local agency records system and then to the DMV, since that transmission often controls when it appears online.
Request a certified copy when available: Once the report has been filed with the DMV, request a certified copy from the DMV using the DMV’s crash report request process and pay the required fee. A certified copy is often preferred for formal claim handling and litigation file documentation.

Exceptions & Pitfalls

Death-related updates: If the injured person dies after the crash and the death was not included in the original report, the investigating officer must file a supplemental report. That update can change what appears online and can delay “final” availability.
Requesting from the wrong office: A common delay happens when a request goes to an agency that did not investigate the crash. Confirm whether the investigating agency was city police, the sheriff, or the State Highway Patrol.
Relying only on online portals: Online systems may not show a report until it is transmitted and indexed. A direct records request to the investigating agency is often the practical first step when the report is “in progress.”
Certified vs. uncertified confusion: An uncertified copy may be available sooner, but a certified copy generally requires the report to be on file with the DMV and the fee to be paid.

Conclusion

In North Carolina, law enforcement crash reports are public records, but a report may not appear online until the investigating agency finalizes it and it is forwarded and indexed. When the report is not online yet, the next step is to request the report directly from the investigating law enforcement agency’s records unit and then request a certified copy from the N.C. DMV once the report is on file there. If the crash involved a death, confirm whether a supplemental report is required and pending.

Talk to a Wrongful Death Attorney

If a fatal crash report is delayed and the case needs the official paperwork to move forward, our firm has experienced attorneys who can help identify the right agency, request the correct version of the report, and track timing issues that can affect a wrongful death claim. 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.