28-667. Written accident report; definition

A. A law enforcement officer or public employee who, in the regular course of duty, investigates a motor vehicle accident resulting in bodily injury, death or damage to the property of any person in excess of one thousand dollars or the issuance of a citation shall complete a written report of the accident as follows:

1. Either at the time of and at the scene of the accident or after the accident by interviewing participants or witnesses.

2. Within twenty-four hours after completing the investigation.

B. Every law enforcement officer or public employee who, in the regular course of duty, investigates a motor vehicle accident that results in damage to the property of any person in an amount of one thousand dollars or less, but that does not result in the issuance of a citation or bodily injury or death, shall complete a portion of the written report of the accident. The portion of the written report shall:

1. Be completed either at the time of and at the scene of the accident or after the accident by interviewing participants or witnesses.

2. Be completed within twenty-four hours after completing the investigation.

3. Include the following minimum information:

(a) The time, day, month and year of the accident.

(b) Information adequate to identify the location of the accident.

(c) Identifying information for all involved parties and witnesses, including name, age, sex, address, telephone number, vehicle ownership and registration and proof of insurance.

(d) A narrative description of the facts of the accident, a simple diagram of the scene of the accident and the investigating officer's name, agency and identification number.

C. The agency employing the officer or public employee:

1. Shall not allow a person to examine the accident report or any related investigation report or a reproduction of the accident report or a related investigation report if the request is for a commercial solicitation purpose.

2. May require a person requesting the accident or related investigative report to state under penalty of perjury that the report is not examined or copied for a commercial solicitation purpose.

3. May retain the original report.

4. Shall maintain an electronic copy of the original report if the agency elects not to retain the original report pursuant to paragraph 3 of this subsection.

5. Shall immediately forward a copy of the report to the department of transportation for its use.

6. Except as otherwise provided by law, on request shall provide a copy of the unredacted report to the following:

(a) A person who is involved in the accident or the owner of a vehicle involved in the accident or a representative of the person or owner.

(b) Any insurer licensed pursuant to title 20 if the report is related to an investigation into fraudulent claims, or any insurer that writes automobile liability or motor vehicle liability policies and that is both of the following:

(i) Under the jurisdiction of the department of insurance or a self-insured entity or its agents, employees or contractors in connection with claims investigation activities, antifraud activities, rating or underwriting.

(ii) An insurer of a person or vehicle involved in the accident.

(c) An attorney licensed to practice law or to a licensed private investigator representing a person involved in the accident in connection with any civil, administrative or arbitration proceeding in any court or government agency or before any self-regulatory body, including the service of process, investigation in anticipation of litigation and the execution or enforcement of judgments and orders, or pursuant to a court order.

(d) An insurance support organization as defined in section 20-2102 that provides services in connection with claims investigation activities, antifraud activities, rating or underwriting.

D. If a request is made pursuant to subsection C, paragraph 6, subdivision (a) or (c) of this section and the accident report indicates that a criminal complaint has been issued, before the report is released the personal identifying information regarding any victim shall be redacted from the accident report pursuant to section 13-4434.

E. A law enforcement agency may deny a request for a copy of an unredacted accident report if the agency determines that release of the report would be harmful to a criminal investigation.

F. The department may place notes, date stamps, identifying numbers, marks or other information on the copies as needed, if they do not alter the original information reported by the investigating officer or public employee.

G. Any law restricting the distribution of personal identifying information by a business entity described in subsection C, paragraph 6, subdivisions (b) and (d) of this section applies to personal identifying information contained in an accident report. If a person who receives information under this section is not otherwise subject to distribution restrictions for information contained in accident reports, the person shall not release the report or any information contained in the report except to those persons designated in subsection C, paragraph 6 of this section.

H. For the purposes of this section, "commercial solicitation purpose" means a request for an accident report if there is neither:

1. A relationship between the person or the principal of the person requesting the accident report and any party involved in the accident.

2. A reason for the person to request the report other than for the purposes of soliciting a business or commercial relationship.