Founding Partner
After a car accident, you trust that the responding officer captured what happened accurately. But weeks later, when you finally review your crash report, something doesn’t add up. Maybe the diagram shows you in the wrong lane. Maybe a witness statement is missing entirely. Because North Carolina follows a pure contributory negligence rule, insurers may try to rely on errors or omissions in your crash report to argue that you were partly at fault and to deny your claim. A Charlotte car accident attorney can help you identify errors, request corrections, and protect your right to compensation.
What Is the DMV-349 and Why Does It Matter?
North Carolina’s official crash report is called the DMV-349. Responding officers are required to complete this form whenever an accident involves a fatality, a personal injury, or property damage exceeding $1,000.
The report documents driver and vehicle information, weather and road conditions, contributing circumstances, the officer’s narrative, and a diagram of the collision. Insurance adjusters rely heavily on the DMV-349 when evaluating fault and calculating settlement offers. You can request a copy of your crash report through the North Carolina Division of Motor Vehicles by mail or in person using the TR-67A request form. As of the date of this article, the fee is $6.50.
Common Errors Found on North Carolina Crash Reports
Officers at crash scenes are often managing traffic, treating injured people, and gathering statements under pressure. Given the complexity of the DMV-349 and the volume of coded data fields it requires, mistakes happen. Some of the most common errors include:
- Misspelled names or incorrect dates of birth
- Wrong insurance company or policy number
- Inaccurate vehicle descriptions or license plate numbers
- Incorrect placement of vehicles or passengers in the crash diagram
- Errors in the officer’s narrative about how the collision occurred
- Missing or misquoted witness statements
- Incorrect contributing circumstance codes, such as wrong weather or road condition entries
Not all errors carry the same weight. A misspelled name is unlikely to affect your claim. But an inaccurate description of which driver had the right-of-way or an incorrect speed notation could significantly impact how fault is assigned.
Objective vs. Subjective Errors: Why the Distinction Matters
Crash report errors generally fall into two categories. Objective errors involve verifiable facts like names, dates, insurance details, and vehicle information. These are typically straightforward to correct because the officer can compare the report against documentation you provide.
Subjective errors involve the officer’s interpretation of how the accident happened. These might include which driver had the green light, the direction of travel, or the contributing circumstances coded in the report. Correcting subjective errors is significantly harder because they reflect the officer’s professional judgment. Officers are not required to change their opinions, even when presented with conflicting evidence.
How to Request a Correction on Your North Carolina Crash Report
North Carolina does not have a single standardized form for the public to request an amendment to a crash report. However, the process generally follows these steps:
- Identify the investigating officer. The officer’s name and badge number appear on the first page of the DMV-349.
- Gather supporting evidence. Collect photographs, dashcam footage, insurance cards, medical records, or witness statements that demonstrate the error.
- Contact the officer in writing. Although most discrepancies can be resolved with a phone call, a polite, concise written request is more effective. Reference the specific box number or section of the report that contains the error and include your supporting documentation.
- Request a supplemental report. Officers cannot erase the original DMV-349, but they can file a supplemental or amended report that becomes part of the official record.
- Follow up with the records division. If you do not receive a response within ten business days, contact the agency’s records unit. For State Highway Patrol reports, you can verify whether an amended report has been filed through the NC Department of Public Safety’s collision records system.
Keep in mind that the investigating officer may be called as a witness if your case goes to trial. Being courteous and factual in all communications protects your credibility and your case.
Why Crash Report Errors Are Especially Dangerous in North Carolina
North Carolina is one of the few states that follows a pure contributory negligence rule. This means that if you are found even partially at fault for the accident, you may be completely barred from recovering any compensation. An error on your crash report that suggests you were partly at fault can be used by the insurance company as evidence to argue contributory negligence and to deny your claim.
This is why reviewing your crash report immediately after receiving it is so important. Even errors that seem minor, such as the wrong time of day or incorrect weather conditions, could be used to build a narrative that you share responsibility for the collision.
Talk to a Charlotte Car Accident Lawyer About Your Crash Report
If you’ve found errors on your North Carolina crash report, don’t try to handle it alone. At Bradford Law, Jeremy Bradford works directly with clients to review crash reports, gather the evidence needed to challenge inaccuracies, and advocate for fair compensation. Contact Bradford Law today for a free consultation.
