What Happens If the Police Report Is Not Filed After a Car Accident in NC?

State law in North Carolina says to report a car accident if it has caused personal injury, death or property damage. Police officers or Highway Patrol troopers who respond to your call are to complete and file an accident report, which is forwarded to the North Carolina Division of Motor Vehicles. The police report is typically the starting point for an insurance claim following a car accident, such as one that Hardison & Cochran might help you pursue.

But what if there is no police report after an accident in NC? Many drivers might not call police to report minor accidents or after hit-and-run accidents. Is there anything you can do about this lack of documentation about your car accident?

Should I Call the Police After a Traffic Accident?

North Carolina law requires you to summon local police or the Highway Patrol to the scene of a car accident if it causes:

  • A person’s death or injury
  • $1,000 or more in property damage
  • Any damage to a vehicle that police have seized.

Essentially, almost any car accident should be reported to the police.

You should tell police about a hit-and-run accident that causes damage or injury, just as you would report any other car accident. In addition to potential protection for your losses in a hit-and-run accident, criminal charges may be filed against a hit-and-run driver who can be identified.

What Happens When There’s No Police Report?

The North Carolina Division of Motor Vehicles’ Crash Report Form DMV-349 allows police to record dozens of data points after a car accident, including information about each party involved, whether people were injured, and vehicle descriptions and their damage. It also asks the officer to describe the car accident and offer an opinion as to its cause.

The police report is considered the first official documentation of the accident. Auto insurance companies typically look to the police report first to determine the extent of vehicle damage and who is at fault in an accident. You can file an insurance claim without a police report in North Carolina, but it will slow the insurer’s investigation and it could stop a claim from moving forward.

Can I Report an Accident After the Fact?

It is important to report a collision to the police as soon as possible. If you were incapacitated by the accident, you may not have been able to report it immediately. That’s understandable.

But if you did not talk to police at the accident scene, others involved in the accident may have. Police may have only their version of events, and it may be important for you to get your side of the story on the record. The local police or the North Carolina State Highway Patrol can tell you how to file a police report after a car accident.

Law enforcement personnel who respond to car accidents in North Carolina are required to forward their accident reports to the North Carolina Division of Motor Vehicles (DMV) within 10 days of the accident. It is best for you to get “on the record” before then.

Steps You Should Take After an Accident Without a Police Report

If for whatever reason there is no police report from a car accident you were in, you can work to document the accident yourself. Try to:

  • Record accident details. Write down your name, address, contact information, and driver’s license number. Write down the make and model of your vehicle and any damage to it that happened in the accident and already existed. Write out what happened: start with the date and time, weather conditions, the street you were on, and the direction you were traveling, and then explain how the accident occurred.
  • Record the names and contact details for any accident witnesses, such as your passengers.
  • Photograph vehicle damage.
  • Explain your injuries. Record your injuries and diagnosis, and the names of your medical care providers (hospital, doctors). Start saving reports and receipts from providers and for prescription and over-the-counter medicines.
  • Gather evidence at the accident scene. Take photos or video to depict the scene, such as that it’s an intersection, how traffic flows, and any traffic signs or lights at the scene or that are missing, etc. Photograph tire skid marks, broken glass, or other accident debris on the roadway.
  • Contact third parties. If your vehicle was towed from the accident scene and is in a garage, get an invoice or other documentation from them about your vehicle’s condition. Ask a towing company if they know who towed the other vehicle(s) in the accident, and follow up if they provide a name.

Most auto insurance carriers want policyholders to report an accident within 24 hours. But, again, if you were injured and unable to report the collision during that one-day time period, they’ll understand. Your insurer’s website probably explains how to file a claim after a car accident and provides an interactive form for your claim. There may be an app or an 800 number.

Be ready to give your insurance company such information as:

  • Name, address, phone number, and insurance policy number
  • Location, date, and time of accident
  • Weather conditions at the time of the accident
  • Photo of your damaged vehicle.

If there is no police report, contact your local police through a nonemergency number or in person and ask how you can report the accident you were in. Explain that you are interested in establishing a record of the accident for insurance purposes. Local departments have their own policies, and they may be happy to accept information from you to establish or amend a report.

If You Need Help with a Car Accident in North Carolina, Call Hardison & Cochran Today for a Free Consultation

If you have been injured in a car accident that someone else has caused, you may be able to recover compensation for your losses. The attorneys and staff at Hardison & Cochran in Raleigh, NC, are tireless advocates for car accident victims like you.

Take steps today to protect your legal rights. Contact the Raleigh car accident attorneys at Hardison & Cochran for a free consultation about your legal options for claiming the compensation that you are due.

About the Author

Hardison & Cochran was established based on the conviction that a modern approach was essential in today’s legal landscape. Focused on delivering exceptional results through a skilled team, the firm prioritizes personal attention, integrity, and client needs. Each attorney, paralegal, and staff member is dedicated to this vision. Over three decades, with Ben Cochran overseeing daily operations, the firm has evolved into a highly respected practice.

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