46.2-380 - Reports made under certain sections open to inspection by certain persons; copies; maintenance of reports and photographs for three-year period. - Virginia Statutes

§ 46.2-380. Reports made under certain sections open to inspection by certainpersons; copies; maintenance of reports and photographs for three-year period.

A. Any report of an accident made pursuant to §§ 46.2-372, 46.2-373,46.2-375, or § 46.2-377 shall be maintained by the Department for a period ofat least thirty-six months from the date of the accident and shall be open tothe inspection of any person involved or injured in the accident or as aresult thereof, or his attorney or any authorized representative of anyinsurance carrier reasonably anticipating exposure to civil liability as aconsequence of the accident or to which the person has applied for issuanceor renewal of a policy of automobile insurance. The Commissioner orSuperintendent, or the area or division offices of the Department of StatePolice having a copy of the report, shall on written request of the person orattorney or any authorized representative of any insurance carrier reasonablyanticipating exposure to civil liability as a consequence of the accident orto which the person has applied for issuance or renewal of a policy ofautomobile insurance, furnish a copy of the report at the expense of theperson, attorney, or representative. Any such report shall also be open toinspection by the personal representative of any person injured or killed inthe accident, including his guardian, conservator, executor, committee, oradministrator, or, if the person injured or killed is under eighteen yearsold, his parent or guardian. The Commissioner or Superintendent shall only berequired to furnish under this section copies of reports required by theprovisions of this article to be made directly to the Commissioner orSuperintendent, or to the area or division offices of the Department of StatePolice having a copy of any such report, as the case may be. The Commissionerand the Superintendent, acting jointly, may set a reasonable fee forfurnishing a copy of any report, provide to whom payment shall be made, andestablish a procedure for payment. Nothing contained in this section shallrequire any division office of the Department of State Police to furnish anycopy when duplicating equipment is not available.

B. The Commissioner or Superintendent of State Police having a copy of anyphotograph taken by a law-enforcement officer relating to a nonfatalaccident, shall maintain the negatives for such photographs in their recordsfor at least thirty-six months from the date of the accident.

(Code 1950, § 46-410; 1956, c. 648; 1958, c. 541, § 46.1-410; 1975, c. 21;1976, c. 40; 1978, c. 829; 1986, c. 639; 1989, cc. 302, 727; 1997, c. 801;1998, c. 522.)