Can I get a copy of my crash report or a more detailed accident report for my claim?
Short answer
Yes. In Montana you can generally obtain the police or highway patrol crash report prepared after your motor vehicle collision. The report is often the primary document insurers and attorneys use for crash claims. Who prepared the report (Montana Highway Patrol vs. a city or county law enforcement agency) determines where to request it, what is public, and whether any investigative material will be withheld.
Detailed answer — how crash reports and investigative reports work in Montana
1. Two kinds of documents you might request
- Crash/accident report (public collision report): a standardized police or highway patrol form that records facts — time, location, vehicles involved, visible damage, statements, diagram, and officer opinions (e.g., contributing factors). These are usually treated as public records.
- Detailed investigative files: follow-up notes, witness interview transcripts, photo archives, CAD logs, body‑cam footage, and other materials created during an investigation. Agencies sometimes treat portions of these as investigatory or confidential and may withhold or redact parts under public‑records exceptions.
2. Who has the report and where to request it
Request the report from the agency that investigated the crash:
- If the Montana Highway Patrol (MHP) responded, you generally request through the MHP / Montana Department of Justice records unit. See the Highway Patrol records page: https://doj.mt.gov/highway-patrol/records/
- If a city or county police department or sheriff’s office responded, request the report from that local agency’s records or records request unit. Many departments publish instructions and online request forms on their municipal or county websites.
3. Montana public records law and accessing reports
Montana’s public records law governs access to government records. Requests for crash reports are normally governed by Montana’s public records statutes and local agency procedures. For a general starting point about public records in Montana see the Montana Code Annotated: Mont. Code Ann. § 2-6-1001 et seq.
4. What agencies commonly release and what they can redact or withhold
- Most agencies release the standard crash report contents (date, time, location, drivers’ names, vehicle descriptions, diagrams, and officer narrative).
- Agencies may redact or withhold information that is exempt under Montana law — for example, certain investigatory records if release would interfere with an ongoing investigation, personal identifying information of witnesses, or information protected by other statutes.
- Body‑cam video, raw witness statements, or forensic materials may be treated differently from the basic crash form and can take longer, or be denied in part, under investigatory exceptions. If denied, agencies must cite the legal basis for withholding.
5. How to request the crash report (step‑by‑step)
- Identify the investigating agency (check your crash paperwork, tow paperwork, or ask your insurer).
- Collect needed information: date/time of crash, location, names of drivers, report number (if you have it), and your relationship to the collision (involved party, attorney, insurer).
- Submit a records request per the agency’s instructions (online form, email, mail, or in person). Provide the above details and request a certified copy if you need it for court or insurance.
- Pay any required fees. Agencies commonly charge copying or certification fees; fee amounts follow each agency’s fee schedule.
- Wait for processing. Many agencies release standard crash reports in days to a few weeks. Requests for additional investigatory materials often take longer and may be partially denied or redacted.
6. If you need more detail than the crash form contains
- Ask for specific items: photos, CAD logs, witness statements, dashcam or bodycam footage, towing reports, and supplementary reports. Requesting concrete items helps the agency locate responsive records.
- If the agency withholds records, ask for a written explanation citing the specific legal exception. You can then consult an attorney if you believe the denial is improper.
- Insurance companies commonly subpoena or request additional materials through the investigating agency; attorneys often use subpoenas or civil discovery to obtain investigatory materials not disclosed voluntarily.
7. Using the report for an insurance claim or lawsuit
- The crash report is evidence of the officer’s observations and can support your insurance claim. It is not determinative of liability by itself; insurers and courts consider all evidence.
- If you plan to file a lawsuit, preserve evidence (photos, vehicle damage, medical records) and request copies of all investigation materials early.
8. Relevant Montana statutes and resources
Relevant laws include the Montana Public Records Act (general rules on access and exemptions): Mont. Code Ann. § 2-6-1001 et seq. For duties at a crash scene (stop, render aid, and reporting obligations), see the motor vehicle and traffic chapters of the Montana Code: for example, provisions on duty to stop and report a crash are in the motor vehicle code (search the Montana Code at https://leg.mt.gov for the specific section that applies to your facts).
To request Montana Highway Patrol reports: https://doj.mt.gov/highway-patrol/records/
Helpful Hints
- Start with the responding agency. If unsure who responded, check your insurance claim paperwork, tow receipt, or ask local dispatch.
- Request the crash report early. Some evidence (photos, scene conditions) is easier to preserve if requested sooner rather than later.
- Ask for a certified copy if you need the report for court or a formal insurance dispute — certified reports carry more weight than simple photocopies.
- Be specific when requesting additional materials (e.g., “body‑cam footage from Officer Smith on 6/1/2024, case #12345”). Vague requests take longer to satisfy.
- If you receive a partial denial, ask for a written explanation that cites the legal exemption. You can then consult an attorney to evaluate whether to challenge the denial or seek the material through subpoena or discovery.
- Keep a copy of your request and proof of delivery. Record timelines and communications so you can document delays or refusals.
- Remember that the crash report is one piece of evidence — preserve your own evidence (photos, medical bills, witness contact info) and share it with your insurer or attorney.