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2013 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-380 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-380. Reports made under certain sections open to inspection by certain persons; 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 in
either hard copy or electronic form for a period of at least thirty-six
36 months from the date of the accident and shall be open to the inspection
of any person involved or injured in the accident or as a result thereof, or
his attorney or any authorized representative of any insurance carrier
reasonably anticipating exposure to civil liability as a consequence of the
accident or to which the person has applied for issuance or renewal of a policy
of automobile insurance. The Commissioner or Superintendent, or the area or
division offices of the Department of State Police having a copy of the report,
shall on written request of the person or attorney or any authorized
representative of any insurance carrier reasonably anticipating exposure to
civil liability as a consequence of the accident or to which the person has
applied for issuance or renewal of a policy of automobile insurance, furnish a
copy of the report, in either hard copy or electronic form, at the
expense of the person, attorney, or representative. Any such report shall also
be open to inspection by the personal representative of any person injured or
killed in the accident, including his guardian, conservator, executor,
committee, or administrator, or, if the person injured or killed is under
eighteen 18 years old of age, his parent or guardian.
The Commissioner or Superintendent shall only be required to furnish
under this section copies of reports required by the provisions of this article
to be made directly to the Commissioner or Superintendent, or to the area or
division offices of the Department of State Police having a copy of any such
report, as the case may be. The Commissioner and the Superintendent,
acting jointly, may set a reasonable fee for furnishing a copy of any
report, provide to whom payment shall be made, and establish a procedure for
payment. Nothing contained in this section shall require any division office
of the Department of State Police to furnish any copy when duplicating
equipment is not available.
B. The Commissioner or Superintendent of State Police having a
copy of any photograph taken by a law-enforcement officer relating to a
nonfatal accident, shall maintain the negatives for such photographs in their
records for at least thirty-six 36 months from the date of the
accident.