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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.