Who is allowed to request a fatal accident report on behalf of someone who died? – North Carolina

Short Answer

In North Carolina, a law-enforcement crash report (including a fatal crash report) is generally a public record once it exists, so it can usually be requested by any member of the public. If the report is still being completed and has not been released yet, access often depends on the investigating agency’s release practices and timing, not on family status. For wrongful death and estate-related purposes, the deceased person’s personal representative can also request records on the estate’s behalf and can authorize a lawyer to obtain them.

Understanding the Problem

In a North Carolina fatal crash, a common question is: who can request the official accident report when the person involved has died, especially when a law firm is trying to collect records for a wrongful death matter and the report is not yet available online. The decision point is whether the requester has to be a family member or estate representative, or whether the report can be requested by anyone once it is created and released by the investigating law enforcement agency or the Division of Motor Vehicles.

Apply the Law

North Carolina treats reports made by law enforcement officers investigating a reportable motor-vehicle crash as public records that are open to inspection at reasonable times once they exist. The Division of Motor Vehicles must provide a certified copy of these public crash reports to a member of the general public who requests one and pays the required fee. Separately, in a wrongful death case, North Carolina law generally places the legal authority to act for the deceased person’s claim in the hands of the estate’s personal representative, who can authorize counsel to gather records for the claim.

Key Requirements

The report must exist: A requester cannot obtain what the investigating officer has not finished. A records office may legitimately say a report is still being worked on or not yet released.
Correct “custodian” of the record: Crash reports may be held first by the investigating agency (police department, sheriff’s office, or State Highway Patrol) and then forwarded to the N.C. Division of Motor Vehicles.
Proper requesting authority when acting “on behalf of the deceased”: For litigation and estate purposes, the personal representative (executor/administrator) is the person recognized to act for the deceased person’s claim and can sign authorizations for counsel.

What the Statutes Say

N.C. Gen. Stat. § 20-166.1 (Crash reports; public records; certified copies) – Requires an investigating officer to prepare a written crash report and states that law-enforcement and medical-examiner crash reports are public records open to inspection; the DMV must provide certified copies to a member of the public upon request and payment of the fee.

Analysis

Apply the Rule to the Facts: The firm needs an official crash report for a fatal accident, but the records office says the report is still being worked on and it is not online yet. Under North Carolina law, once the investigating officer’s crash report exists and is released, it is generally available as a public record, so the request usually does not depend on being a family member. If the agency has not finalized or released the report, the practical issue is timing and the custodian’s process; for case-building purposes, the estate’s personal representative can still coordinate requests and authorize the firm to obtain related records.

Process & Timing

Who files: Any requester (including a law firm) can request a crash report once it is available; when acting for the deceased person’s claim, the request is commonly made by the estate’s personal representative or counsel with written authorization. Where: First, the investigating law enforcement agency’s records unit; also the N.C. Division of Motor Vehicles (DMV). What: A request for the law-enforcement crash report (often referred to as the DMV crash report). When: After the report is completed; by statute, the investigating officer must prepare the written report within 24 hours and agencies forward reports to the DMV on a statutory timetable, but release timing can vary in practice.
Follow-up if “still being worked on”: Ask the custodian for the report number, the date it is expected to be finalized, and whether a supplemental fatality report is pending. In fatal cases, a supplemental report may be required if the death occurs after the initial report and within 12 months.
Get a certified copy when needed: If a certified copy is required for court or insurance purposes, request it from the DMV and pay the required fee; if only an informational copy is needed, some agencies provide uncertified copies directly once released.

Exceptions & Pitfalls

“Public record” does not always mean “immediately available”: Agencies often do not release a report until it is finalized, approved, or processed into their system, especially in serious or fatal cases.
Confusing crash reports with other death-related records: A crash report is different from medical examiner materials, autopsy materials, and hospital records, which often have different access rules and may require the personal representative or next-of-kin authorization.
Authority to act for the wrongful death claim: Even if the crash report is public, the wrongful death lawsuit itself must generally be brought by the estate’s personal representative, not by any family member acting alone.

Conclusion

In North Carolina, the law-enforcement crash report for a fatal motor-vehicle accident is generally a public record once it is created and released, so it can usually be requested by any member of the public, including a law firm. If the report is not yet available, the issue is typically that the agency has not finished or released it. A practical next step is to request the report directly from the investigating agency (and the DMV once processed) and ask for an estimated release date.

Talk to a Wrongful Death Attorney

If a fatal crash report is delayed and a case needs records quickly, our firm has experienced attorneys who can help explain what can be requested now, what may require estate authority, and how to track release 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.