If you get into a car accident in North Carolina, there are several steps you must take to fulfill your legal responsibilities as a driver. One of these duties may be filing a police report, depending on the severity of your crash. Knowing when and how to file a police report in the aftermath of an accident in North Carolina can help you preserve your rights.
For further legal guidance, contact our Wilmington auto accident lawyer to discuss your legal options. Schedule a free consultation today.
When Do You Need to Report a Car Accident in North Carolina?
According to North Carolina General Statutes § 20-166.1, motor vehicle drivers are legally required to report automobile accidents to the police when they involve injuries, deaths, or $1,000 or more in property damage.
Law enforcement should also be notified if a driver has broken a law, such as by driving under the influence, driving without a license or running a red light. The police can arrive at the scene to conduct an investigation and create a police report to document the accident.
If you have lost a loved one in a car crash, contact our Wilmington wrongful death attorney today.
Initial Police Report Within 24 Hours
If the law requires you to report a car accident, this task should be completed as soon as possible, and at least within 24 hours of the crash. State law mandates that the driver of a vehicle involved in a reportable accident must notify law enforcement “immediately, by the quickest means of communication.”
You can fulfill this requirement by dialing 911 while you are still at the scene of a car accident in North Carolina. This will immediately notify local law enforcement or the North Carolina Highway Patrol. Delaying your police report could lead to accusations of a hit-and-run, with potential fines and jail time.
How to Get a Copy of Your Police Report After an Accident in NC
When the police arrive at the scene of your car accident, give them your version of events but do not admit fault. Write down your police report number before leaving so that you can use it to obtain a copy later.
After the officer has filed the report with the local precinct and forwarded it to the North Carolina Division of Motor Vehicles, you can request a copy from the DMV to use as evidence during your claim. Anyone can obtain copies of crash reports by filling out this form and paying a $5.50 fee.
Statute of Limitations for a Personal Injury Claim in North Carolina
If you plan on filing a personal injury lawsuit against the other driver or a third party for your car accident in North Carolina, you must do so within no more than three years of the accident. This is the statute of limitations on bodily injury and property damage car accident claims in the state. If you wish to file a wrongful death claim, you will have just two years.
When to Consult With a Car Accident Lawyer in North Carolina
A delay in the reporting of a car accident to the police in North Carolina could give a car insurance company reason to deny or reduce coverage for your losses. An insurance carrier may argue that the information you provided them is inaccurate, for example, due to a lack of timely crash reporting. Our car accident attorneys help victims in Fayetteville, Greensboro, Jacksonville, Raleigh, Wilmington and surrounding areas throughout North Carolina.
There are extenuating circumstances when delayed reporting outside of the 24-hour window is unavoidable, such as due to an incapacitating injury. If you find yourself in this situation, it is important to contact our auto accident attorney in Wilmington, NC for legal advocacy. Hiring a Wilmington auto accident attorney may be necessary to protect your rights while going up against an insurance company. Contact us at Shipman Wright & Moore, LLP LLP to schedule your free consultation today.