How does the police report affect my insurance claim if we don’t have medical records yet? – North Carolina

Short Answer

In North Carolina, the police crash report usually helps an insurance claim get started because it identifies the drivers, vehicles, insurers, and the officer’s initial notes about what happened. But a police report is not a substitute for medical records, and it typically cannot prove the full extent of injuries or the value of a bodily injury claim. When treatment is ongoing, the report is often used to confirm the basic facts while the medical documentation develops over time.

Understanding the Problem

In North Carolina, an injured person can ask how a police crash report affects an insurance claim when medical treatment is still ongoing and complete medical records are not available yet. The decision point is whether the claim can move forward based mainly on the crash report while medical documentation is still being created. The issue usually comes up early, when an insurance adjuster wants details about fault and injuries, but the medical picture is not final.

Apply the Law

Under North Carolina practice, the crash report is an important starting document for an insurance claim because it captures identifying information and an early snapshot of the incident. North Carolina law also addresses how crash reports are created, shared, and (in some situations) used later in court. Even when the report is helpful, insurers generally evaluate bodily injury value based on medical documentation (diagnoses, treatment course, and prognosis), which often takes time to develop when treatment is ongoing.

Key Requirements

A report exists and can be obtained: For a reportable crash, law enforcement investigates and prepares a written report, and law enforcement crash reports are generally treated as public records available through the proper channels.
The report supports the “who/what/when/where” of the claim: The report commonly lists the parties, vehicles, insurance information, and the officer’s observations, which insurers use to open the claim and confirm coverage details.
Medical proof still drives injury value: Even with a report, the injury portion of a claim usually cannot be fairly evaluated until medical records show diagnosis, treatment, and whether the condition is improving or has lasting effects.

What the Statutes Say

N.C. Gen. Stat. § 20-166.1 (Crash reports; investigation; public access; effect of report) – Requires investigation and a written report for reportable crashes, explains how reports are forwarded, and addresses public access and certain limits on use of some reports as evidence.
N.C. Gen. Stat. § 20-279.11 (Certain accident report insurance/financial responsibility information not evidence) – Limits using certain financial responsibility information from accident reports as evidence of negligence or due care in a civil trial.

Analysis

Apply the Rule to the Facts: Here, ongoing treatment means the insurance claim can be opened and investigated using the police report to confirm the basic crash details and identify the involved insurers. However, without medical records (or with only early records), the insurer usually cannot reliably evaluate the injury portion of the claim because the diagnosis and treatment course may still be changing. As treatment continues, the claim typically becomes stronger (or clearer) when medical documentation shows what injuries were diagnosed, what care was required, and whether the condition resolved or persisted.

Process & Timing

Who files: The injured person (or a representative) opens the claim. Where: With the at-fault driver’s insurance carrier and/or the injured person’s own carrier, using the insurer information listed on the crash report. What: Claim notice plus the crash report number/copy; later, medical authorizations and records as they become available. When: As soon as practical after the incident, especially if there are coverage notice requirements in the policy.
Investigation phase: The adjuster reviews the crash report, statements, photos, and vehicle damage. If medical records are incomplete, the adjuster may treat the injury evaluation as “pending” and request updates or periodic records while treatment continues.
Evaluation/negotiation phase: Once enough medical documentation exists to show diagnosis, treatment timeline, and current status, the insurer can evaluate the bodily injury portion more meaningfully. If treatment is still ongoing, the claim may be evaluated in stages, or settlement discussions may wait until the medical condition stabilizes.

Exceptions & Pitfalls

The report may be incomplete or disputed: A crash report can contain errors, missing witnesses, or unclear fault conclusions. Insurers may rely on it early, but it is not the only evidence that can matter.
Early statements can lock in a narrative before medical facts are known: Giving a detailed injury description too early can create inconsistencies later if symptoms worsen or new diagnoses appear. It is usually safer to be accurate and limited: treatment is ongoing and records will follow.
Gaps in treatment can be used against the claim: When medical records are delayed, insurers often focus on whether care started promptly and continued consistently. Missed appointments and long gaps can make causation harder to prove later.
Signing broad medical authorizations without limits: Insurers may request authorizations that allow wide access to unrelated history. Narrow, relevant production of records often avoids unnecessary privacy issues while still supporting the claim.
Confusing property damage with injury resolution: Settling vehicle damage does not automatically settle the injury claim, but paperwork must be reviewed carefully to avoid signing a release that closes more than intended.

For more context on how crash reports are used at the beginning of a claim, see what happens after the lawyer contacts the insurance companies listed in the police report. If the report is hard to obtain, see how to get the police or highway patrol crash report.

Conclusion

In North Carolina, a police crash report often helps an insurance claim move forward early by identifying the parties, insurers, and basic crash facts, but it does not replace medical records for proving injuries or valuing a bodily injury claim. When treatment is ongoing, the claim typically stays open while medical documentation develops. The most important next step is to open the claim and preserve evidence now, while also tracking the lawsuit filing deadline (often three years from the date of injury in many cases).

Talk to a Wrongful Death Attorney

If you’re dealing with an insurance claim where the police report exists but medical records are still developing, our firm has experienced attorneys who can help explain what the report does (and does not) prove, what documentation insurers usually need, and what timelines to protect. 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.