Jan62026
Wrongful Death

How do I get the police or highway patrol crash report if they won’t release it to me? – North Carolina

Short Answer

In North Carolina, crash reports written by law enforcement are generally public records, and a certified copy is available through the North Carolina Division of Motor Vehicles (DMV) to anyone who requests it and pays the required fee. If an agency will not hand over a report at the front desk, the most reliable path is usually to request the report from DMV rather than arguing with the investigating agency. If the report is incomplete because the death was not included, North Carolina law also requires a supplemental report in certain situations, which can affect what DMV can provide.

Understanding the Problem

In North Carolina, a surviving spouse or family member may need a law enforcement crash report after a fatal vehicle accident to handle benefits, insurance, and wrongful death-related decisions. The problem usually comes down to one decision point: can the crash report be obtained through the DMV process even if the police department, sheriff’s office, or State Highway Patrol will not release it directly. Timing can matter because the investigating officer has a short window to write and forward the report, and a death can require a follow-up filing that may not appear immediately.

Apply the Law

North Carolina requires law enforcement to investigate certain “reportable” crashes and to prepare a written crash report. When a law enforcement officer prepares the crash report, that report is generally a public record and is open to inspection. North Carolina law also directs the DMV to provide a certified copy of a law enforcement crash report to a member of the public who requests it and pays the required fee. If a person injured in a reportable crash later dies (within a set period) and the death was not included in the original report, the investigating officer must file a supplemental report that includes the death, which can affect what version of the report is available.

Key Requirements

  • There must be a law enforcement crash report: The rule that the report is a public record applies to reports made by law enforcement officers (not private driver statements).
  • The report must be filed/forwarded into the DMV pipeline: The officer must write the report promptly and forward it to the proper agency, and local agencies must forward it to DMV within a set timeframe.
  • A proper request and fee: DMV provides a certified copy to the public upon request and payment of the applicable fee; agencies sometimes refuse informal requests even when DMV will process a formal one.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a fatal vehicle accident and difficulty getting information from law enforcement. Under North Carolina law, the crash report prepared by the investigating officer is generally a public record, and the DMV is required to provide a certified copy to the public upon request and payment of the fee. If the death was not reflected in the original crash report, the law contemplates a supplemental report, which can explain why an early request produces an incomplete record or a “not found” response.

Process & Timing

  1. Who files: Any member of the public (including a surviving spouse) can request the law enforcement crash report. Where: North Carolina Division of Motor Vehicles (Crash Reports). What: A request for a certified crash report (DMV provides the process and any forms or online ordering options). When: After the report has been written and forwarded; by statute, the officer must write the report within 24 hours, and a local agency must forward it to DMV within 10 days after receiving it, but real-world availability can lag.
  2. If DMV cannot locate it yet: Ask the investigating agency for the crash report number (or the event/incident number), the date, location, and the investigating officer’s name, then re-submit the DMV request using those identifiers. If the crash occurred outside a city or town, the State Highway Patrol or the county sheriff’s office is often the investigating agency.
  3. If the death detail is missing: Ask whether a supplemental report was filed to reflect the death and, if not, request that the investigating officer complete the supplemental filing required when a crash-related death was not reported in the original report. Then request the updated report through DMV.

Exceptions & Pitfalls

  • Confusing a law enforcement crash report with other records: The public-record rule discussed here focuses on the law enforcement crash report; other materials (like certain witness statements, photos, or investigative notes) may follow different disclosure rules.
  • Requesting from the wrong agency: If the crash happened outside a city or town, the State Highway Patrol or the county sheriff’s office may have investigated, and the city police department may not have the report.
  • Requesting too early: Even though the statute sets short timelines for writing and forwarding the report, processing delays happen. A “not available” response does not always mean the report is being withheld.
  • Name or relationship errors in related paperwork: A death certificate error (for example, listing the decedent as not married) can create practical barriers with benefits and claims even if it does not control whether the crash report is public. Keeping proof of relationship (marriage certificate, children’s birth certificates) ready can help when agencies or insurers ask for verification.
  • Missing supplemental death reporting: If the death occurred after the crash and was not included in the original report, failing to get the supplemental report can lead to an incomplete record that causes delays in insurance and wrongful death case evaluation.

Conclusion

In North Carolina, a crash report prepared by a law enforcement officer is generally a public record, and the DMV must provide a certified copy to anyone who requests it and pays the required fee. If the investigating agency will not release it directly, the practical solution is usually to request the report through DMV. If the death was not included in the original report, ask the investigating officer about the required supplemental report and then request the updated version through DMV.

Talk to a Wrongful Death Attorney

If a fatal crash report is being withheld or is incomplete and it is delaying benefits, insurance, or a wrongful death evaluation, our firm has experienced attorneys who can help explain the options and timelines under North Carolina law. 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.

Category: Wrongful Death

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.