Record Request Checklist
Know which records to request after your accident, who to contact for each, and the typical timelines and costs involved in gathering your documentation.
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This checklist provides general educational information about record types commonly relevant in personal injury cases. It is not legal advice. The specific records that matter in your case depend on your individual circumstances. An attorney can advise you on which records to prioritize.
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What type of accident were you involved in?
About This Tool
Building a complete documentary record after an accident is one of the most important things you can do to protect your options. This checklist identifies the types of records commonly needed in personal injury cases, including police, medical, and employment records, general categories of who typically holds them, and general patterns for how requests tend to work, so you understand the request process before deadlines pass or records become harder to obtain. Response times, fees, and required forms vary by provider, agency, and state, so this checklist is meant to help you get organized rather than predict an exact timeline. An attorney can advise you on which records to prioritize for your specific situation.
Police and Accident Reports
The official accident or incident report filed by law enforcement is one of the most important documents in a personal injury case. It contains the officer's observations, the parties' contact and insurance information, any citations issued, witness information, and the officer's preliminary assessment of what occurred.
In California, you can request a copy from the responding agency - city police department, county sheriff, or California Highway Patrol - typically 3 to 10 days after the incident. There is typically a fee, and you can request the report in person, by mail, or online.
- Request the report from the specific agency that responded, not a generic portal
- If you were involved in a hit-and-run, request any supplemental reports filed as investigation continues
- Your attorney can also request certified copies directly from law enforcement
Medical Records and Bills
Complete medical records from every provider who treated your accident-related injuries are essential. This includes emergency room records, hospital admission records, imaging reports (X-rays, CT scans, MRI), treating physician notes, specialist consultations, physical therapy records, chiropractic records, mental health treatment records, and all associated billing statements.
Request itemized bills rather than summary statements - itemized bills show each service rendered and its cost, which is more useful for documenting damages. Most providers charge a fee for records; submit a written HIPAA-compliant request to each provider.
- Request records from every provider, even those you saw only once
- Ask for both the narrative clinical notes and the billing records
- Keep copies of all records in a secure location and provide copies to your attorney
Employment and Income Records
To document lost wages, you need records showing both your pre-accident income and the income you lost due to missed work. Key documents include recent pay stubs (covering at least three months before the accident), W-2 forms or 1099 forms from the prior one to two years, a letter from your employer confirming your position, pay rate, and dates of absence, and documentation of any bonuses, commissions, or benefits you missed.
Self-employed individuals should gather tax returns, bank statements, client invoices, and contracts showing typical earnings.
- Request a formal letter from your employer on company letterhead confirming your absence
- Gather documentation of overtime, tips, and commissions if they were part of your regular income
- Two years of tax returns provides a strong baseline for self-employment income claims
Sending Preservation Requests for Time-Sensitive Evidence
Some records are deleted or overwritten on short retention schedules and must be formally preserved before they are lost. Surveillance and security camera footage at businesses and intersections is often overwritten within 24 to 72 hours. Dashcam footage from rideshare or delivery vehicles may also be on a short retention cycle. Red light and traffic camera footage is typically controlled by city or state transportation agencies.
To preserve this evidence, send a written preservation letter - by certified mail or via attorney - to the business or agency immediately after the accident, clearly describing the footage you need, the date and time, and requesting that it not be destroyed.
About this topic
How Medical Record Requests Generally Work
Requesting your own medical records generally involves submitting a written request, often on a form the provider supplies, identifying which records you want and where they should be sent. Most healthcare providers have an established process for this kind of request, sometimes described in terms of a patient's general right to access their own records, though exact procedures, forms, and any associated fees vary by provider and by state. Larger hospital systems and smaller individual practices do not always handle requests the same way, so it is generally worth confirming the specific process directly with each provider rather than assuming it will be identical everywhere.
How Police Report Requests Generally Work
Police and accident reports are typically requested from the specific law enforcement agency that responded to the incident, rather than from a general or unrelated office. Depending on the agency, requests can often be submitted online, by mail, or in person, and there is commonly a modest fee involved. Processing time varies by agency and by how busy that department is at a given time, so requesting a report as early as reasonably possible generally leaves more room to address any delays. If a report contains an error, most agencies have a general process for requesting a correction or filing a supplemental statement.
Why It Helps to Request Records Before You Think You Need Them
Waiting to request records until you are certain they matter can sometimes cost valuable time, since request and processing timelines are not always short. Requesting records proactively, even ones you are not yet sure you will use, generally gives you more flexibility later and avoids a situation where you are racing a deadline you did not anticipate. This is especially relevant for records tied to retention schedules that vary by provider or business, where waiting too long can mean a record is no longer available at all.
Frequently Asked Questions
Under HIPAA, healthcare providers have 30 days to respond to a records request, with the option of a 30-day extension. Some providers respond faster; large hospital systems may take the full 30 days. Request records as early as possible to allow time for delays, especially if you have a case timeline or statute of limitations approaching.
A HIPAA authorization form is a document that grants permission for a healthcare provider to release your medical records to a specified recipient - such as you, your attorney, or an insurance company. Most providers have their own forms; you sign and submit the form along with your records request. Your attorney will also typically have you sign a general HIPAA authorization that allows them to request records on your behalf.
If a business refuses to voluntarily provide records or surveillance footage, your attorney can issue a subpoena compelling production if litigation has been filed. Before litigation, a formal preservation letter from an attorney may prompt compliance. Police agencies can sometimes obtain certain records through their investigation that are not otherwise publicly available.
You can generally request a copy from the specific law enforcement agency that responded to your accident, such as a city police department, county sheriff, or state highway patrol, rather than from a general office. Many agencies allow you to request a report online, by mail, or in person, and there is commonly a modest fee. Processing time varies by agency, so requesting the report as early as reasonably possible is generally advisable.
Generally, no. You can typically request your own medical records directly from a provider using their standard request process, which most healthcare providers make available to patients. An attorney is not required to make this kind of request, though one can help if a provider is unresponsive or if you need records from many different providers at once.
Processing times vary by provider, agency, and the volume of requests they are handling, so some delay is common. If a deadline is approaching, following up in writing and keeping a record of when you submitted your request can help. An attorney can sometimes request records through additional means if a provider is unresponsive.
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