Trial lawyers seek to speed access to crash reports

A surprise change in policy for the Virginia State Police has trial lawyers working to try to avoid long delays in getting copies of crash reports for accidents worked by state troopers.

As of July 1, the State Police no longer will provide copies of the crash report forms filled out by troopers. Lawyers, insurance companies and drivers seeking VSP crash reports now must request them only from the state Department of Motor Vehicles.

DMV copies of crash reports are not available until 30 days after the crash, whereas police agencies generally have them available much sooner.

The 2013 General Assembly amended state law “to declare DMV as the sole source for distribution” of the state police crash reports, according to a July 2 news release from the VSP.

That “declaration” was not so clear in the legislation making the change, however.

The change in state law came through two identical bills, both of which carried summaries that failed to mention the “sole source” action.

The bill summaries read: “Provides that the Department of State Police may retain certain automobile accident reports and furnish copies of such reports in either hard copy or electronic form. Under current law, the Department must retain such reports only in hard copy form.”

The bills actually removed the duty of the State Police to furnish copies.

Trial lawyers routinely request copies of State Police crash reports, but the Virginia Trial Lawyers Association was unaware of the change until after the Assembly gaveled to a close.

“We didn’t know it existed,” said Richmond’s Elliott M. Buckner, who heads a four-member ad hoc VTLA task force hoping to minimize delays in getting VSP crash reports.

The group has met with the State Police and has had several meetings with the DMV, Buckner said. More discussions are expected, he said.

“Our conversations with the DMV have all been positive,” Buckner said.

Personal injury lawyers – both plaintiff and defense – are often contacted for advice immediately after motor vehicle crashes. They look for copies of police reports as soon as they are completed.

“It would be nice to have the crash report to be able to give some intelligent counsel,” Buckner said.

The legislation was  offered as a boost to government efficiency, explained Del. Ronald A. Villanueva, R-Virginia Beach. “The State Police is not a customer service organization; they’re a law enforcement organization,” he said.

Villanueva said he is working with trial lawyers and other interested groups to minimize any inconvenience.

“I imagine there’s going to be a couple of bumps in the road,” Villanueva said. “If there are some urgent problems here, we can work on it to fix it.”

Villanueva said the trial lawyers did not raise concerns until “after the fact,” although he acknowledged, “Maybe the summary could have been a little bit better.”