Quick answer
Yes. In West Virginia you can obtain an official crash report for most motor vehicle collisions. Police and the West Virginia State Police prepare crash reports that are ordinarily public records, but some investigative details and medical or personal data may be redacted. If you need fuller investigative materials (reconstruction reports, officer notes, witness statements), those may be restricted and typically require a subpoena in litigation or a formal records request under the state public-records law.
Detailed Answer — how crash-report access works in West Virginia
Who prepares and keeps the crash report?
Local police departments prepare reports for crashes they investigate. The West Virginia State Police (WVSP) prepares reports for crashes it investigates on state highways. County sheriff’s offices and municipal police departments each keep their own reports. For state-level guidance on vehicle and traffic rules, see the West Virginia Motor Vehicle Code: W. Va. Code Chapter 17C.
Are crash reports public records?
Yes. Crash reports are generally public records under West Virginia’s public-records framework. See the state public-records law at: W. Va. Code Chapter 29B. That law, and agency policies, govern what is available and what can be redacted (for example, active investigatory material, certain personal medical information, or other protected details).
What version of the report will I receive?
You will usually receive the standard crash/accident report form the agency uses (summary of parties, vehicles, property damage, diagram, narrative). Agencies often redact parts of the file before release if the material falls within a statutory exception (investigative records, juvenile information, medical data). If you want supplemental materials (photographs, officer notes, witness statements, video), those may be treated differently and can be withheld or redacted until a criminal investigation or may be produced only through subpoena.
How to request a crash report — step by step
- Identify the agency that investigated the crash (city police, county sheriff, or West Virginia State Police). If you are unsure, check the responding unit on your insurance paperwork or citation.
- Gather key details: crash date and approximate time, location, names of drivers, citation numbers (if any), and your contact information. The report number (if available) is the fastest way to locate the file.
- Contact the records division of the investigating agency. Many agencies publish procedures and online request forms. WV State Police main site: statepolice.wv.gov.
- Submit a written request by the method the agency requires (online form, email, mail, or in person). Ask whether there is a fee and how you may pay. Fees vary by agency.
- If the crash was investigated by WVSP and you need a report, follow the WVSP instructions or portal. For local agencies, check the city or county police records page.
- If you are an insured claimant, you can also authorize your insurer to request the report on your behalf with a signed release.
Typical timeframes and fees
Turnaround times vary. Some agencies provide reports immediately or within days; others take longer. Agencies may charge a nominal fee for copies and for staff time. Ask the records office for an estimate.
What if the agency denies or redacts material?
If the agency denies access or redacts parts of the file, it should cite the legal basis. You can:
- Ask for a written explanation of the denial or the statutes relied on.
- File an administrative appeal under the public-records procedures in West Virginia or seek judicial review.
- If you need the redacted material for a lawsuit or claim, your attorney may obtain it via subpoena or through discovery once litigation starts.
Getting more detailed investigative materials
Materials beyond the crash-report summary (detailed reconstruction reports, officer investigative notes, certain photographs, in-car video) are often treated as investigatory records and may be withheld from general public requests. If you need these for a claim:
- Provide a signed release authorizing the agency to share specified materials with your insurer or attorney.
- If you are involved in a lawsuit, your attorney can request those materials through discovery or obtain them by subpoena.
- If the agency refuses, your attorney can move the court to compel production, balancing your need with any legitimate law-enforcement confidentiality interests.
Using the report for your insurance claim
Insurers rely on official crash reports but may also perform independent investigations. Provide the report to your insurer promptly. If information in the report is incomplete, tell your adjuster and ask whether a supplemental report or additional documents (photos, witness statements) can be requested from the investigating agency.
Helpful Hints
- Get the report number at the scene or from your insurer — it speeds requests.
- Request copies immediately. Evidence (photos, temporary notes) may be harder to obtain later.
- If you can, obtain a signed release allowing the agency to give your insurer or attorney complete files.
- Ask whether the agency keeps photographs or dash-cam/body-cam video and how to request them.
- If the crash involved the West Virginia State Police, start at statepolice.wv.gov.
- If you plan to sue, preserve evidence and contact an attorney early — discovery can force production of withheld items.
- Keep copies of all communications and receipts for fees; note dates you requested records and dates received.
- If an agency refuses access, request a written denial stating the legal reason and cite the public-records law in any appeal: W. Va. Code Chapter 29B.