How to get a car accident report in Delaware

Where to get the report

• Delaware State Police, Traffic Operations Section (crashes worked by troopers) By mail: $25, or $60 if fatal

  The State Police Traffic Unit page says: “To request a crash report, please mail your request to: Delaware State Police, Traffic Operations Section, P.O. Box 430, Dover, DE 19903.” “Requests must be made by mail. We cannot honor walk-in requests for crash reports.” “Please include a copy of your collision information exchange form, in addition to your payment. The fee for a standard collision report is $25.00, and the fee for a fatal collision report is $60.00. Payment can be in the form of a check or money order, made payable to the Delaware State Police.” Questions about the process go to (302) 739-5931, Monday to Friday, 8am to 4pm. The statute adds that every requester “must submit proof of identity and payment of the fee established by the law-enforcement agency with primary jurisdiction over the accident” (21 Del. C. §313(c)(2)a.); the State Police page does not say what proof it accepts by mail, so call that number before you send the request. This path covers only crashes the State Police investigated; the State Police page does not say how long a report takes.

  Official page

• City, town or county police department that responded Ask the agency; fees and rules vary

  Each police agency keeps its own reports and sets its own fee, which by law “must approximate and reasonably reflect the amount necessary to defray the costs incurred by the law-enforcement agency to provide a copy of the accident report” (21 Del. C. §313(c)(2)b.). You need proof of identity and the fee (§313(c)(2)a.). Examples from official local pages: the City of Dover Police say drivers or owners of vehicles involved in a crash may buy a copy, insurers may buy reports involving their insured with a written request and payment, “The current fee for a crash report is $25.00 (subject to change without notice),” reports are in most cases ready within 7 to 10 days, and you should call the Records Unit first to confirm the report is ready, with the Crash Information Exchange Form you were given at the scene; fees may be paid by credit card over the phone before pickup. The City of Newark Police charge $20 for a collision report and $60 for a serious injury or fatality collision report, release them only to persons or vehicle owners listed on the report or their insurance companies, and require picture ID. The Town of Middletown Police take requests in person or by mail, require the report number, last name and date, charge $25 ($75 for a fatal crash) and $5 per photo if photos exist (you must buy all available photos), and release reports only to people listed on them, except insurance companies and law firms. Other agencies set their own fees, so ask the one that worked your crash.

  Official page

When you must report a crash in Delaware

Injury/impaired/$2,000+ highway: police

The reporting duty is 21 Del. C. §4203(a). “After complying with the requirements of §§ 4201 and 4202 of this title, the driver of any vehicle involved in the following described vehicular collisions shall immediately report such collision to the police agency which has primary jurisdictional responsibility for the location in which the collision occurred”: (1) “When the collision results in injury or death to any person”; (2) “When the collision occurs on a public highway and results in property damage to an apparent extent of $2,000 or more”; or (3) “When it appears that any collision involving a driver whose physical ability is impaired as a result of the use of alcohol or drugs or any combination thereof.” The $2,000 figure dates from 83 Del. Laws c. 220 (House Bill 28, approved September 30, 2021), which replaced $500; for a crash before that change, the old figure applied. A crash below these lines need not be reported, but you may report it after giving your information under §4201(b) (§4203(b)). Police agencies may investigate any crash in their jurisdiction, and they must investigate and complete the State of Delaware Uniform Traffic Collision Report on every reported crash involving an impaired driver, apparent property damage of $2,000 or more, or injury or death (§4203(c), (d)). Section 4203 sets no penalty of its own, so the chapter’s general penalty applies: a fine of $25 to $75 for a first offense, and $57.50 to $95 for a like offense within 24 months (§4205). A conviction for failing to stop and identify yourself under §4201 or to report under §4203 is also one of the listed offenses that count toward habitual offender status (three or more convictions for listed offenses, in any combination, within 5 years, §2802(1)g.). At the scene, whatever the damage: in a crash with apparent property damage you must stop immediately, as close to the scene as possible without obstructing traffic more than necessary, and make reasonable efforts to find out whether anyone was hurt or killed; if no one was and a damaged vehicle is blocking traffic, you “must make every reasonable effort to move the vehicle or have it moved”; and you must give your name, address and registration number and show your license to the owner of the property or the driver or occupants of the other vehicle (§4201(a), (b)). If only your own property was damaged, you need not stay at the scene but must immediately make the report §4203 requires (§4201(a)). Violating §4201(a) carries a fine of $230 to $1,150 or 60 days to 6 months in prison, and a 6-month license revocation on conviction (§4201(c), (d)). In a crash that injures or kills anyone you must stop, give the same information, and render reasonable assistance, including taking an injured person to a doctor or hospital if treatment is apparently needed or requested, or contacting law enforcement or emergency personnel and waiting for them to arrive (§4202(a)); failing to do so is an unclassified misdemeanor (a fine of $1,000 to $3,000 or 1 to 2 years) when someone was injured and a class E felony with at least 1 year of incarceration when someone died, with a license revocation of 1 or 2 years (§4202(b) to (d)). Vehicles in a fatal crash may not be moved until police arrive, except to take an injured person to a hospital or doctor (§4204(b)). You must also show your insurance identification card when another party involved in the crash asks (§2118(p)(1)).

What the report costs

DSP $25 ($60 fatal); local fees vary

No statute sets a dollar amount. Section 313(c)(2) of Title 21 lets the law-enforcement agency with primary jurisdiction set the fee and says it “must approximate and reasonably reflect the amount necessary to defray the costs incurred by the law-enforcement agency to provide a copy of the accident report.” The Delaware State Police charge $25.00 for a standard collision report and $60.00 for a fatal collision report, by check or money order payable to the Delaware State Police. Because the report is not a public record under the Freedom of Information Act (§313(b)), the Act’s copy fees do not set its price. Local examples from official pages: the City of Dover Police charge $25.00; the City of Newark Police charge $20 for a collision report and $60 for a serious injury or fatality report; the Town of Middletown Police charge $25 ($75 for a fatal crash) plus $5 per photo.

When the report is ready

No statewide time set; ask the agency

No statute sets a deadline for a police agency to finish or release the report; §4203(d) requires the agency to investigate and complete it, without a time limit. The State Police page gives no processing time. The City of Dover Police say “In most cases, reports are ready for release within 7-10 days of the applicable incident” and ask you to call before coming in. One statutory delay: “an accident report associated with a criminal prosecution may be withheld from disclosure until the criminal prosecution has concluded” (21 Del. C. §313(c)(3)), so a crash with criminal charges, such as a DUI or a hit-and-run, may take longer. For city, town and county police, the Delaware Public Archives’ Local Government General Records Retention Schedule (2024 Edition) says to keep accident reports and their supporting photographs and videos at the agency for 10 years, a minimum period (series LGPOL-041); we found no published retention period for State Police crash reports. The Department of Safety and Homeland Security’s de-identified public crash data on the Delaware Open Data Portal is updated monthly and covers crashes since 2009 through six months ago; it is not the report and contains no personal information.

Who can get a copy

Your own report, your lawyer, insurers

Accident reports “are not a public record under the Freedom of Information Act” (21 Del. C. §313(b)), and the Department of Safety and Homeland Security says the same on the Delaware Open Data Portal: “Official crash reports are confidential and are not a public record under the Delaware Freedom of Information Act. Authorized parties may contact the reporting police agency directly for official copies of crash reports.” A report “may be disclosed only to the following”: “A person, or the person’s legal representative, who requests a copy of the person’s own accident report,” and “An insurer, insurance support organization, or a self-insured entity or its agent, employee, or contractor, in connection with claims investigation activities, anti-fraud activities, rating, or underwriting” (§313(c)(1)). The statute does not define “the person’s own accident report”; agencies apply it as their pages describe, for example Dover (drivers or owners of involved vehicles), Newark (persons or vehicle owners listed on the report, or their insurers) and Middletown (people listed on the report, except insurance companies and law firms). A report tied to a criminal prosecution may be withheld until the prosecution ends (§313(c)(3)). For court, “The fact that an accident report has been made is admissible in evidence solely to prove compliance with this section but no accident report or any part or statement contained in a report is admissible in evidence for any other purpose in any trial, civil or criminal, arising out of an accident” (§313(b)).

What to do now

1. 1

   Call police from the scene when the law requires it

   Report immediately if anyone is hurt or killed, a driver appears impaired, or a crash on a public highway causes apparent damage of $2,000 or more (§4203).

2. 2

   Keep the Crash Information Exchange Form

   The officer’s exchange form carries the report details. The State Police ask for a copy with your request, and Dover asks you to have it ready.

3. 3

   Request the report from the agency that worked the crash

   Send proof of identity and the agency’s fee. For a State Police crash, mail the request and a check or money order for $25 ($60 if fatal) to P.O. Box 430, Dover, DE 19903.

4. 4

   Give your insurer the report number

   Insurers may get the report directly for claims work (§313(c)(1)b.), and Dover and Newark say they release reports to insurers.

Frequently asked questions