(a) All motorist accident reports made by persons involved in accidents, pursuant
to § 31-26-6, or by garages, pursuant to § 31-26-12, shall be without prejudice to the individual so reporting and shall be for the confidential
use of the division of motor vehicles or other state or municipal agencies having
use for the records for accident prevention purposes or for the administration of
the laws of this state relating to the deposit of security and proof of financial
responsibility by persons driving or the owners of motor vehicles.
(b) The division of motor vehicles may disclose the identity of a person involved
in an accident when the identity is not otherwise known or when the person denies
his or her presence at the accident, and except that the reports, as well as police
reports, may be used by the division of motor vehicles, together with any other evidence
that the division of motor vehicles may deem appropriate, to make determinations as
to the reasonable possibility of a judgment being rendered for purposes of requiring
security after an accident involving one or more uninsured motorists.
(c) No report shall be used as evidence in any trial, civil or criminal, arising out
of an accident, except that the division of motor vehicles shall furnish upon demand
of any person who has, or claims to have, made a report or upon demand of any court,
a certificate showing that a specified accident report has or has not been made to
the division of motor vehicles solely to prove a compliance or a failure to comply
with the requirement that a report be made to the division. Provided, that in the event an accident report has not been filed, then the failure
to file the report shall be considered to be prima facie evidence that the operator
and/or the registered owner of the motor vehicle involved was uninsured at the time
of the accident.
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