9.32.190 Accident Reports - Disclosure

(1) As used in this Section, “agent” means a person’s:

(a) Attorney;

(b) Insurer; or

(c) Any other individual or entity with signed permission from the person to receive the person’s accident report.

(2) As used in this Section, “department” means the Provo City Police Department.

(3) Except as provided in Subsection (4) of this Section, all accident reports required in this Section to be filed with the department:

(a) Are without prejudice to the reporting individual;

(b) Are protected and for the confidential use of the department or other state, local, or federal agencies having use for the records for official governmental statistical, investigative, and accident prevention purposes; and

(c) May be disclosed only in a statistical form that protects the privacy of any person involved in the accident.

(a) The department shall disclose an accident report and its accompanying data to:

(i) A person involved in the accident, excluding a witness to the accident;

(ii) A person suffering loss or injury in the accident;

(iii) An agent, parent, or legal guardian of a person described in Subsections (4)(a)(i) and (ii) of this Section;

(iv) A member of the press or broadcast news media;

(v) A state, local, or federal agency that uses the records for official governmental, investigative, or accident prevention purposes;

(vi) Law enforcement personnel when acting in their official governmental capacity; and

(vii) A licensed private investigator.

(b) In accordance with Subsection (4)(a) of this Section, the department shall disclose whether any person or vehicle involved in an accident reported under this Section was covered by a vehicle insurance policy, and the name of the insurer.

(c) Information provided to a member of the press or broadcast news media under Subsection (4)(a)(iv) of this Section may only include:

(i) The name, age, sex, and City of residence of each person involved in the accident;

(ii) The make and model year of each vehicle involved in the accident;

(iii) Whether or not each person involved in the accident was covered by a vehicle insurance policy;

(iv) The location of the accident; and

(v) A description of the accident that excludes personal identifying information not listed in Subsection (4)(c)(i) of this Section.

(a) Except as provided in Subsection (5)(b) of this Section, accident reports filed under this Section may not be used as evidence in any civil or criminal trial arising out of an accident.

(b) Upon demand of any party to the trial or upon demand of any court, the department shall furnish a certificate showing that a specified accident report has or has not been made to the department in compliance with law. If the report has been made, the certificate furnished by the department shall show the date, time, and location of the accident, the names and addresses of the drivers, the owners of the vehicles involved, and the investigating officers. The reports may be used as evidence when necessary to prosecute charges filed in connection with a violation of Subsection (6) of this Section.

(6) A person who gives information in reports as required in this Chapter knowing or having reason to believe that the information is false is guilty of a class A misdemeanor.