Attorney General's Opinion 1973-74 #241

October 1, 1973

COLONEL H. W. BURGESS
Superintendent, Department of State Police

73-74 241

This is in reply to your letter of recent date from which I quote the following:

"Members of our Department routinely submit to the Division of Motor Vehicles reports required by § 46.1-401. For administrative purposes, we have for a number of years filed at our area and division offices copies of such reports. We receive many requests for copies of these reports; and many insurance adjusters, attorneys and members of the news media ask to review them.

"We have steadfastly refused to furnish copies of such reports; however, we have allowed review of the reports by some people under certain circumstances. The investigating members are permitted to personally give to newsmen and the general public information required by law. They are not barred from giving additional information to attorneys representing persons involved.

"I should like your opinion in relation to §§ 46.1-409 and 46.1-410 as to: (1) who is permitted to release information from the reports, (2) who is entitled to it, (3) what information can be given, and (4) whether newsmen and insurance adjusters are entitled to review reports at our offices."

The named sections are found in Article 2, Chapter 6, Code of Virginia (1950), as amended. Sections 46.1-409 and 46.1-410 control the use of accident reports required by 46.1-401, and impose certain requirements on disclosing the contents and furnishing copies of such reports.

Section 46.1-409 states, in part, that "all accident reports made by investigating officers shall be for the confidential use of the Division and of other State agencies for accident prevention purposes and shall not be used as evidence in any trial, civil or criminal, arising out of any accident." This section further states, "The Division shall disclose from the reports, upon request of any person, the date, time and location of the accident and the names and addresses of the drivers, the owners of the vehicles involved, the injured persons, the witnesses and one investigating officer." The authorization for disclosing certain information as outlined in this section applies solely to the Division of Motor Vehicles, the recognized State repository for such accident reports.

I quote §46.1-410, in its entirety, as follows:

"But any report of an accident made pursuant to §§46.1-400 through 46.1-402, 46.1-404(2), 46.1-407 and 46.1-408 shall be open to the inspection of any person involved or injured in the accident, or as a result thereof, or his attorney; and provided, further, that the Commissioner or Superintendent shall upon written request of any such person or attorney or any authorized representative of any insurance carrier reasonably anticipating exposure to civil liability as a consequence of the accident furnish a copy of any such report at the expense of such person, attorney or representative. 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 as the case may be."

This section establishes different criteria for inspection of the accident reports than for furnishing copies of such reports. The reports made by your Department "shall be open to the inspection of any person involved or injured in the accident, or as a result thereof, or his attorney." You are not required to furnish copies under this section, however, unless the report is required by the provisions of this article to be made directly to you. Section 46.1-401 requires every law enforcement officer who in the course of duty investigates a motor vehicle accident of which report must be made to "forward a written report of the accident to the Division." Such section does not require that a report be made to your Department. Hence, you are not required to furnish copies of such reports.

Considering your questions numbered (1), (2) and (3) in light of the foregoing, I am of the opinion that your Department is authorized to make any such report available for inspection by any person involved or injured in the accident, or as a result thereof, or his attorney. Only such persons are entitled to the information. Since reports shall be open to inspection upon request of the above specified persons, it follows that all of the information contained in any such report must be made available to such persons.

I find no authorization for the review of reports in your offices by newsmen or insurance adjusters and, therefore, your question numbered (4) is answered in the negative. This does not come within the purview of "The Virginia Freedom of Information Act," Chapter 21, Title 2.1, Code of Virginia (1950), as amended, because of the latter's exclusion of confidential material. Section 46.1-410, quoted above, provides that any authorized representative of any insurance carrier reasonably anticipating exposure to civil liability as a consequence of the accident reported is entitled to obtain a copy of such report from the Division of Motor Vehicles. There is no provision of law for newsmen to obtain such copies. There is, however, nothing to prevent conversation between State Police officers and such individuals. Further, as shown in the language from §46.1-409, quoted supra, "any person" may obtain certain information about accidents from the Division of Motor Vehicles.