A. Any person involved in an accident (i) resulting in injury to or death of any person or property damage, or (ii) when there is reason to believe a motor vehicle involved in the accident was uninsured at the time of the accident, may make a written report of it to the Commissioner, on a form prescribed by the Department.

Terms Used In Virginia Code 46.2-372

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
  • State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
  • Vehicle: means every device in, on or by which any person or property is or may be transported or drawn on a highway, except personal delivery devices and devices moved by human power or used exclusively on stationary rails or tracks. See Virginia Code 46.2-100

B. If any accident report filed pursuant to the provisions of this article is alleged to be false or inaccurate, the Commissioner shall withhold any action under this section or imposition of any penalty and shall investigate and determine the true circumstances of the accident, including a determination of the identity of the parties involved.

C. For the purposes of this article the definitions provided in subsection B of § 38.2-2206 shall apply.

D. The Commissioner shall require the owner of a motor vehicle involved in any accident of which report is made pursuant to this section to provide information relating to certification of insurance or bond if there was in effect at the time of the accident with respect to the motor vehicle involved:

1. A standard provisions automobile liability policy in form approved by the State Corporation Commission and issued by an insurance carrier authorized to do business in the Commonwealth or, if the motor vehicle was not registered in the Commonwealth or was a motor vehicle which was registered elsewhere than in the Commonwealth at the effective date of the policy, or at its most recent renewal, an automobile liability policy acceptable to that Commission as substantially the equivalent of a standard provisions automobile liability policy; in either event, every automobile liability policy is subject to the limits provided in § 46.2-472.

2. Any other form of liability insurance policy issued by an insurance carrier authorized to do business in the Commonwealth or by a bond; provided that every such policy or bond mentioned herein is subject to limits set out in § 46.2-472.

E. The Commissioner shall forward the certification of insurance or bond to the insurance company or surety company, whichever is applicable, for verification as to whether or not the policy or bond certified was applicable to any liability that may arise out of the accident as to the named insured. A copy of the certification of insurance or bond shall be retained by the Commissioner and shall be disclosed pursuant to § 46.2-380.

Code 1950, § 46-398; 1958, c. 541, § 46.1-400; 1966, c. 130; 1972, c. 442; 1974, c. 453; 1975, c. 553; 1978, c. 205; 1979, c. 228; 1982, c. 221; 1986, c. 639; 1989, c. 727.