A. All accident reports made by persons involved in accidents or by persons in charge of garages shall be without prejudice to the individual so reporting and shall be for the confidential use of the state highway and transportation department or other state agencies having use for the records for accident prevention purposes or for the administration of the laws of this state relating to the deposits of security and proof of financial responsibility by persons driving or the owners of motor vehicles, except that the state highway and transportation department may disclose:

(1) the identity of a person involved in an accident when his identity is not otherwise known or when the person denies his presence at the accident; or

(2) the fact that the owner or operator of a motor vehicle involved in the accident is or is not insured and if he is insured the name and address of his insurance carrier.

B. Except as otherwise provided in this section, no accident report shall be used as evidence in any trial, civil or criminal, arising out of an accident.

C. The state highway and transportation department 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 state highway and transportation department solely to prove a compliance or a failure to comply with the requirement that a report be made to the state highway and transportation department.

D. A certified copy of the investigating officer's accident report may be introduced into evidence in any arbitration or civil action involving the insurer's liability under a motor vehicle or automobile liability policy containing uninsured motorist coverage as required by Section 66-5-301 NMSA 1978 to prove that the owner or operator of the other motor vehicle involved in the accident is either insured or uninsured. The investigating agency shall furnish a certified copy of the investigating officer's accident report to either party to the arbitration or civil action or to the court on request. The certified copy of the investigating officer's report is prima facie evidence that the owner or operator of the other motor vehicle is either insured or uninsured.

History: 1953 Comp., § 64-7-213, enacted by Laws 1978, ch. 35, § 402; 1989, ch. 318, § 27.

Cross references. — For the financial responsibility provisions, see 66-5-201 NMSA 1978 et seq.

The 1989 amendment, effective July 1, 1989, inserted "persons in charge of" near the beginning of the introductory paragraph of Subsection A, substituted "state highway and transportation department" for "division" several times in Subsections A and C, and in Subsection D substituted "66-5-301 NMSA 1978" for "64-5-301 NMSA 1953" in the first sentence and "investigating agency" for "division" in the second sentence.

Reports made confidential limited to persons involved or garages. — Since the reports made confidential are limited to those made by persons involved in accidents or by garages, the reports made by police officers regarding an accident would not be considered confidential and would be subject to inspection by persons interested. 1953 Op. Att'y Gen. No. 53-5840.

Police officer's accident reports considered public records. — Accident reports made by police officers as a part of their regular course of duty are considered public records. 1959 Op. Att'y Gen. No. 59-213.

Procurement of accident reports by an insurance adjuster constitutes a lawful purpose and one may not restrict the furnishing of these reports to only the parties involved or their attorneys. 1959 Op. Att'y Gen. No. 59-213.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic § 289.

Admissibility of report of police or other public officer or employee, or portions of report, as to cause of or responsibility for accident, injury to person, or damage to property, 69 A.L.R.2d 1148.

Admissibility of police officer's testimony at state trial relating to motorist's admissions made in or for automobile accident report required by law, 46 A.L.R.4th 291.

Discoverability of traffic accident reports and derivative information, 84 A.L.R.4th 15.

60 C.J.S. Motor Vehicles § 43.