Delaware Accident Reports: Requests, Eligibility, and Errors

To get a Delaware accident report, you request a copy from the law enforcement agency that responded to the crash. If that was the Delaware State Police, requests are accepted by mail only, and a standard report costs $25.1Delaware State Police. Traffic Unit If a municipal or county department responded, you’ll contact that agency’s records division directly. Plan for several days to a few weeks of processing time.

Requesting a Report from Delaware State Police

The State Police do not take walk-in requests and do not offer online ordering. Mail is the only channel.1Delaware State Police. Traffic Unit

Send your request to:

Delaware State Police
Traffic Operations Section
P.O. Box 430
Dover, DE 19903

Include the following in the envelope:

  • The collision information exchange form the responding officer handed you at the scene. It carries the reference number and the other parties’ details. If you’ve lost it, write down everything you can identify about the crash: date, time, location, and the names of the drivers involved.
  • A check or money order payable to the Delaware State Police. The fee is $25 for a standard collision report, or $60 for a fatal collision report.1Delaware State Police. Traffic Unit
  • A self-addressed stamped envelope so the agency can mail the report back.

Attorneys and insurance representatives should also enclose a letter of representation or a signed authorization from the involved party. Processing times depend on the unit’s workload and how complicated the case is.

Requesting a Report from a Local Police Department

If a city or county department worked your crash instead of the State Police, that department controls the report. Each agency sets its own procedures: some accept in-person requests, others handle them by mail or fax, and fees often differ from the State Police schedule.

Call the records division before you send anything. Confirm the current fee, what payment methods they accept, and what documentation they require. If you have the report number from the collision information exchange form, give it to them. That one piece of information speeds every step that follows.

Who Is Allowed to Get a Copy

Delaware crash reports are not public records. The statute states that they “shall not be open to public inspection” and are maintained for the Department of Safety and Homeland Security.2Justia. Delaware Code 21-313 – Accident Statistics; Confidentiality Delaware’s Freedom of Information Act does not override that confidentiality, so a general FOIA request will not get you one.

Access is limited to parties with a direct connection to the crash. That generally covers:

  • Drivers and passengers involved in the collision.
  • Attorneys representing an involved party, usually with a notarized letter of representation or signed authorization.
  • Insurance companies with a documented role in the claims process.
  • Government agencies, such as the Delaware Department of Transportation, that need the data for safety analysis or infrastructure planning.

The responding agency verifies eligibility before releasing anything. A third party without a direct connection to the crash will be turned away. The Delaware Open Data Portal publishes aggregated, anonymized crash statistics, but those datasets strip out the identifying details you’d need for a claim or lawsuit.3Delaware Open Data Portal. Public Crash Data

One limit worth knowing before you build expectations around the report: it isn’t admissible at trial except to prove the report was filed. The statements, conclusions, and officer findings cannot be introduced in a civil or criminal case arising from the accident.2Justia. Delaware Code 21-313 – Accident Statistics; Confidentiality The information still shapes insurance negotiations and gives your attorney a roadmap for building a case out of evidence that is admissible.

Checking the Report for Mistakes

Read your report carefully before you hand it to an insurer or lawyer. Errors are more common than drivers expect. A transposed digit in a license plate, the wrong street listed as the location, a witness name misspelled badly enough that no one can find them later: any of these can slow a claim or damage one.

If you spot a mistake, contact the records division of the agency that issued the report. Most departments want a written request that explains the error and attaches supporting evidence, such as photographs, medical records, or witness contact information. Straightforward factual fixes, like a wrong name or vehicle description, usually go through without much friction. Disputes about the officer’s conclusions on fault are harder, and often require legal help or additional documentation. The agency reviews each request individually and may go back to the reporting officer before making a change.

Why You Should Request the Report Early

Delaware gives you two years from the date of injury to file a personal injury lawsuit. Miss that deadline and you lose the right to sue.4Justia. Delaware Code 10-8119 – Personal Injuries The clock usually starts on the day of the crash.

Two years feels generous until you start using it. Obtaining the report, gathering medical records, and negotiating with insurers all take months. Because the State Police process is mail-only and local departments vary, request the report as early as you can. Both your own insurer and the other driver’s insurer will likely ask for it as the claim develops, so getting it in hand early keeps everything else moving.