Can I get a copy of my crash report or a more detailed accident report for my claim?

Short answer: Yes — in South Dakota you can usually obtain the official crash report from the law enforcement agency that investigated your collision or from state authorities. Some supplemental materials (like raw witness statements, unredacted personal data, or active investigative files) may be withheld or redacted. If an insurer or another party won’t provide needed materials, an attorney can obtain them through the claims process or, if necessary, litigation.

Detailed answer — what to expect and how to get the report

This section explains who prepares crash reports in South Dakota, where to request them, what information is typically included, what may be withheld, and how to get additional or withheld material for an insurance claim or lawsuit.

Who prepares the crash report?

When law enforcement responds to a crash in South Dakota, the responding agency (city police, county sheriff, or South Dakota Highway Patrol) normally completes an accident/incident report. That document is the official starting point for an insurance claim.

Where to request the crash report

• Contact the law enforcement agency that handled the crash. If the Highway Patrol wrote the report, contact the South Dakota Department of Public Safety or the Highway Patrol office that covers the county where the crash occurred.
• If you do not know which agency responded, contact the local police department, county sheriff’s office, or the Highway Patrol district and provide the crash date, location, and names of involved drivers.
• You can also request crash information as a public record under South Dakota’s access-to-public-records law; see SDCL Chapter 1-27 for how public records requests work in South Dakota: https://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatuteCollection?type=Statute&collection=1-27

What the official crash report usually contains

• Date, time and location of the crash
• Names and contact information of drivers and vehicle owners (some personal data may be limited)
• Descriptions of vehicles and damage
• Officer’s narrative of the collision scene, diagrams, contributing factors, and citations issued
• Basic witness names and sometimes summary statements
• Notes on injuries and whether EMS responded

What may be withheld or redacted

Law enforcement agencies must balance public access with privacy and investigative needs. Common redactions or withheld items include:

• Driver’s license numbers, Social Security numbers, and other numeric identifiers
• Medical records or detailed injury reports protected by privacy laws
• Ongoing investigatory files or materials that would interfere with an active investigation
• Full witness statements in some cases (agencies may provide summaries instead)

Timing, fees, and format

• Many agencies provide reports within days to a few weeks after the crash; time varies by agency workload.
• Fees are typical for copying or electronic delivery; many agencies publish a small fee schedule.
• Reports are usually available as PDF or paper copies. Ask whether photos or diagrams are included or available separately.

What if you need more than the standard crash report?

If you need raw witness statements, scene photos, video, or other materials the agency declines to release, these are the typical options:

1. Ask the agency for the specific items and cite SD public records rules. Sometimes agencies will provide additional records after a formal written request or after removing private data.
2. Ask your insurer. If you file a claim, the insurer often obtains the full investigative file from law enforcement or from its own private investigator.
3. If the claim is disputed, an attorney can obtain records through a subpoena or through discovery in litigation. Subpoenas and court-ordered discovery override some limits on agency release.

What to do if you can’t get the report

1. Confirm the correct agency and crash report number (if available).
2. Make a written public records request citing SD’s public records law: https://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatuteCollection?type=Statute&collection=1-27
3. Ask your insurance company for any copy it has.
4. If the agency denies access, request a written denial and instructions for appeal. You may have administrative or court remedies under SD law.
5. Consider consulting an attorney if vital records remain withheld or if you need subpoena power to get evidence for a claim.

Sample request checklist (what to provide when you ask)

• Your full name and contact info
• Date and approximate time of crash
• Exact location (street, intersection, or mile marker)
• Names of drivers or vehicles involved, if known
• Report number, if you were given one at the scene
• Whether you want an electronic copy (PDF) or paper copy

How an attorney can help with getting more detailed material

An attorney who handles crash claims can:

• Submit public records requests and follow appeals if the agency refuses
• Issue subpoenas or obtain records through discovery if you file a lawsuit
• Work with investigators to collect scene photos, video, and witness statements
• Advise on what parts of the report are most useful to your claim

Helpful hints

• Request the report as soon as possible. Evidence (photos, witness memory) can fade.
• Keep a copy of the crash report you receive and note who you requested it from and when.
• If an insurer asks you to sign a release, read it carefully — you do not always have to sign away rights to other information.
• Ask the responding officer for a report number at the scene; that speeds future requests.
• If you need quick access for medical treatment or repairs, your insurer’s copy may arrive faster than the agency’s public copy.
• If privacy is a concern, ask what information will be redacted and whether a certified or redacted copy exists for public release.

Where to find the laws and agency contacts

• South Dakota access-to-public-records statutes — SDCL Chapter 1-27: https://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatuteCollection?type=Statute&collection=1-27
• South Dakota statutes related to motor vehicle crashes and reporting are in SDCL Chapter 32-34 — check the South Dakota Legislature’s site for the exact subsection that applies to duty-to-report rules: https://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatuteCollection?type=Statute&collection=32-34
• Contact the South Dakota Department of Public Safety (Highway Patrol) if the crash involved a state trooper response or occurred on a state highway: https://dps.sd.gov

Disclaimer: I am not a lawyer and this is not legal advice. This article explains general information about South Dakota crash reports and public-records procedures. For advice tailored to your exact situation, consult a licensed South Dakota attorney.