Why is it so hard to get a copy of an incident report?

Ok, so I was a moto marshal at the USPro Nat’l Championships in Charleston, WV this year. I was involved in a accident, thanks someone being on the course when she should not have been. I was taken to the ER via ambulance. I was NOT given any info on the driver of the vehicle. Now that I’m home, I’m trying to get a copy of the incident report. CPD won’t send me a copy. They’ll gladly let me come in an get on (5.5+ hrs drive just to get there). I was then told that I could do a FOIA.

My complaint is, why is it so difficult to get a copy? It’s in a database, why not just send a pdf of it to me via email? They’ll readily send it to my insurance company, based on what the lady on the phone told me, but won’t do the same to me.

I don’t expect sympathy. I’m not even sure that I expect an answer. I’m just frustrated, and a bit angry at the whole damned situation.

Did the person at CPD say it was a HIPAA thing? In some of my work I deal with HIPAA and unless the agency that has your information can verify it is you, they can’t release it. The agency providing the medical service may have a business associate agreement (a necessary HIPAA document before release of information can be made) with the insurance company, which allows the sharing and payment.

Layman here, I am sure @LAUte knows more.

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Nope, no hipaa thing. Like I said. I could walk in and get a copy. They just won’t send me a copy, except via FOIA. Although, they will send a copy to an insurance company.


It is probably a policy in place to reduce workloads. They want to see that you can jump through their hoops. It means you really want it.

Or, it might be aliens.

Surprising. Usually when you are a party of an accident and request the report, they give it to you. Then again, we are talking about West Virginia - Home of Hillbillies and Family Relations.

Ok, seriously, without knowing the State’s GRAMA - FOIA laws, they may actually require a GRAMA - FOIA request - possibly even a HIPPA waiver to release it. States can be quite a PINA to outsiders request8ng government records when they ask for them.


It sounds like the incident report is not about anything that happened in the hospital. Hospital incident reports can be almost impossible for anyone outside the hospital to get hold of. It sounds like you might be simply dealing with bureaucracy.

Or aliens. Never rule out aliens.

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I got it, via one of the insurance companies. Sadly, what I need is redacted. Mostly, the info of the driver of the vehicle who was in the wrong place, at the wrong time.

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I do have a question for our legal folk.

What do I look for in a lawyer to make sure things work out the way they should? In part, I think that the police report is at least partially incorrect, and I’d like to prevent this from happening in future events. Not to mention make sure I’m made whole.

I always start there, just to rule out that possibility. We can’t be cavalier about it.