If you’ve been in a car accident in North Carolina, filing a police report is a crucial step in protecting your rights. As experienced North Carolina car accident lawyers, we understand the importance of this process and want to guide you through it.
In this blog post, we’ll explain how to file a police report for a car accident and why it’s essential.
Why a Police Report is Important
Before we dive into the how-to, let’s talk about why filing a police report after a car accident is so important. First and foremost, it’s often a legal requirement. In North Carolina, you’re required by law to report any car accident that results in injury, death, or property damage exceeding $1,000.
A police report also serves several crucial purposes:
- It provides an official, unbiased account of the accident.
- It can be invaluable when dealing with insurance companies.
- It helps establish fault, which is crucial in North Carolina’s contributory negligence system.
- It can be a key piece of evidence if legal action becomes necessary.
Insurance companies often rely heavily on police reports when determining fault and processing claims. While you can file an insurance claim without an official car accident report, recovering compensation without a police report is more difficult.
A police report can serve as crucial evidence in a personal injury lawsuit. North Carolina follows a contributory negligence rule, which means that if you’re found to be even 1% at fault for the accident, you may be barred from recovering damages. A police report that clearly shows the other driver was at fault can be invaluable.
How to File a Police Report for a Car Accident in North Carolina
Now that we understand why it’s so important, let’s get into the nitty-gritty of how to file a police report for a car accident.
1. Call the Police Immediately
The first step in filing a police report is, well, calling the police. North Carolina law requires drivers to “immediately, by the quickest means of communication, notify the appropriate law enforcement agency of the accident.” This means you should call 911 or the local police department as soon as possible after the accident occurs.
If you’re in a city or town, you’ll want to call the local police department. If you’re in a rural area, you might need to contact the North Carolina State Highway Patrol or the county sheriff’s office. Don’t worry if you’re not sure which agency to call – the 911 dispatcher will direct your call to the appropriate authority.
2. Stay at the Scene
While waiting for the police to arrive, stay at the scene of the accident. Leaving the scene of an accident, especially one involving injuries or significant property damage, can result in serious legal consequences. Use this time to check on the well-being of everyone involved and exchange insurance information with the other driver(s) if it’s safe to do so.
3. Provide Accurate Information
When the police arrive, they’ll ask you for details about the accident. It’s important to provide accurate information. This will typically include:
- Your identification
- Vehicle registration
- Insurance details
- A factual account of what occurred
Remember, the police report will serve as an official record of the accident. Be honest but avoid speculating or admitting fault. Stick to the facts.
4. Gather Evidence
While the police will conduct an investigation, you should record evidence at the scene. If it’s safe, take photos of the damage to all vehicles involved, the overall accident scene, and any visible injuries. Also, ask any witnesses for their contact information. This evidence can be useful later, especially if there are discrepancies in the police report.
5. Obtain a Copy of the Police Report
After the police have documented the accident, they’ll create an official report. In North Carolina, law enforcement officers must complete a Crash Report Form DMV-349 for any reportable accident. They must write this report within 24 hours of the accident and forward it to the North Carolina Division of Motor Vehicles (DMV) within 10 days.
Get a copy of the car accident police report for your records. There are several ways to do this:
- You can call the DMV at (919) 861-3098.
- You can visit the state DMV headquarters at 1100 New Bern Avenue in Raleigh in person.
- Fill out form TR-67A and mail it to the DMV.
There’s typically a small fee for obtaining a copy of the report.
What’s in a North Carolina Car Accident Police Report?
Understanding what information is included in a police report can help you ensure that all relevant details are captured. A typical North Carolina police accident report includes:
- Names, addresses, and driver’s license numbers of all drivers involved
- Information about any passengers, pedestrians, or cyclists involved
- Contact information for any eyewitnesses
- Details about the vehicles involved and the damage they sustained
- The location, date, and time of the accident
- Road, weather, and visibility conditions at the time of the crash
- A basic description of how the accident occurred
- A sketch of the accident scene
- The officer’s assessment of factors that may have contributed to the accident
- Information about any citations issued or charges filed
Police officers can sometimes get facts wrong in the car accident report. Our legal team can help you dispute incorrect information in your car crash report.
Tips for Filing a Car Accident Report
Now that we’ve covered the basic steps, here are some additional tips for filing a car crash report.
- Be polite and cooperative with the responding officers. They’re there to help and to document the facts.
- Don’t leave the scene until the police have finished their investigation and have given you permission to leave.
- If you’re injured, even if it seems minor, mention it to the police and seek medical attention as soon as possible. Some injuries may not be immediately apparent.
- Avoid discussing who was at fault with the other driver or with the police. Fault determination is a complex process that involves many factors.
- If possible, write down what happened as soon as you can after the accident. Memory can fade quickly, especially in stressful situations.
- Keep all documents related to the accident, including the police report, in a safe place. You may need them for insurance claims or legal proceedings.
How We Can Help With Your Car Accident Case
Our attorneys are here to help you file your car accident claim in North Carolina. We can gather evidence to show the other driver was at fault, negotiate with the insurance company for a fair settlement, and represent you in court if necessary.
In North Carolina, you generally have three years to file a personal injury claim after a car accident. However, it’s best to start the process as soon as possible while the evidence is fresh and the witnesses’ memories are clear.
Contact Our North Carolina Car Accident Lawyers Today
Filing a police report after a car accident in North Carolina is critical for protecting your rights. The aftermath of a car crash can be stressful and confusing. Don’t hesitate to reach out for help.
At North Carolina Car Accident Lawyers, we’re here to support you every step of the way, from obtaining an accident report to fighting for the maximum compensation. Call 864-561-6247 or contact us online today for a free case evaluation.