What happens if an accident report is delayed or never finalized? – North Carolina

Short Answer

In North Carolina, a delayed accident report usually does not stop a wrongful death case, but it can slow early investigation and insurance decisions. State law generally requires the investigating officer to complete a written crash report quickly and for the agency to forward it to the DMV, but real-world delays happen. If a report is never finalized or never reaches the DMV, the case can still move forward using other evidence, and the DMV can certify whether a report was filed.

Understanding the Problem

In a North Carolina wrongful death matter, a personal representative or counsel may need the official law enforcement crash report to confirm basic facts, identify involved parties, and support early claim decisions. The key decision point is what happens when the investigating agency says the report is still being worked on, is not available online, or never appears as “final.” The issue often turns on whether a report was required and, if so, whether it was completed and forwarded through the normal channels.

Apply the Law

North Carolina law requires law enforcement to investigate a “reportable” crash and, when an officer investigates, to prepare a written report within a short time and route it to the proper agency and then to the Division of Motor Vehicles (DMV). The officer’s report is generally treated as a public record, and the DMV must provide a certified copy to a requester who pays the required fee. If a death occurs from the crash within 12 months and the death was not included in the original report, the investigating officer must file a supplemental report that includes the death.

Key Requirements

• Officer report and timing: When an officer investigates a reportable crash, the officer must prepare a written crash report within 24 hours and forward it through the required channels.
• Forwarding to DMV: If the officer is not with the State Highway Patrol, the report goes to the local law enforcement agency, which must forward it to the DMV within 10 days after receiving it.
• Public access and certified copies: Officer and medical examiner crash-related reports are public records, and the DMV must provide a certified copy upon request and payment of the DMV fee.

What the Statutes Say

• N.C. Gen. Stat. § 20-166.1 (Crash reports; investigation; public records) – Sets reporting and investigation duties, short timelines for officer reports and forwarding, public-record status for officer/medical examiner reports, and supplemental reporting when a death occurs within 12 months.
• N.C. Gen. Stat. § 143-299 (Claims against the State; time limits) – If the claim is against a North Carolina state agency, a wrongful death claim must be filed with the Industrial Commission within two years after death.

Analysis

Apply the Rule to the Facts: Here, the crash report is not yet available online and the records office says it is still being worked on. Under North Carolina law, an investigating officer generally must complete a written report quickly and route it to the DMV, and a local agency must forward it within a set period after receiving it. If the report is delayed, the wrongful death case can still be investigated and preserved using other evidence while counsel continues to request the report (and, if needed, confirmation from the DMV about whether a report has been filed).

Process & Timing

1. Who requests: The personal representative, an attorney for the estate, an insurer, or another requester allowed to obtain public records. Where: North Carolina Division of Motor Vehicles (for certified copies) and the investigating law enforcement agency’s records unit (for status and available copies). What: Request a certified crash report from the DMV and ask the investigating agency whether the report has been submitted/forwarded and whether a supplemental death report is required. When: As soon as possible after the crash and again after any notice that the report is “pending” or “under review.”
2. Follow-up steps: If the report is not at the DMV yet, request written confirmation of the report’s status from the investigating agency and calendar follow-ups. If the death occurred after the crash and was not in the initial report, ask specifically about a supplemental report.
3. Case preservation while waiting: Gather and preserve non-report evidence (photos/video, 911/dispatch materials if available, witness statements, vehicle data, medical records, and scene measurements) so the claim does not depend on the report being “final.”

Exceptions & Pitfalls

• “Not online” does not mean “not filed”: Some reports take time to code, review, or transmit, and online portals can lag behind what the investigating agency has completed.
• Supplemental death reporting can create confusion: If the person dies after the crash, the initial report may not show a fatality. North Carolina law requires a supplemental report if the death occurs within 12 months and was not reported originally, and delays sometimes happen while that update is processed.
• Do not let the report control deadlines: A delayed report does not extend filing deadlines. This is especially important if a state agency may be involved, because a separate forum and deadline can apply.
• Do not treat the report as the whole case: Crash reports can contain errors or omissions. A wrongful death claim typically relies on multiple sources of proof, not just the report’s narrative or diagram.

Conclusion

In North Carolina, an investigating officer generally must prepare a written crash report promptly and the agency must forward it to the DMV, and officer crash reports are usually public records available as certified copies through the DMV. If the report is delayed or never appears as “final,” the wrongful death case can still proceed using other evidence while continuing to request the report and confirmation of whether it was filed. Next step: submit a certified-report request to the North Carolina DMV as soon as possible and follow up with the investigating agency for status.

Talk to a Wrongful Death Attorney

If a fatal crash report is delayed, missing online, or never seems to be finalized, our firm has experienced attorneys who can help track down the right records and protect the case timeline while the investigation moves forward. 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.