(625 ILCS 5/11-412) (from Ch. 95 1/2, par. 11-412)
Sec. 11-412. Motor vehicle accident reports confidential. All required
written motor vehicle accident reports and supplemental reports shall
be without prejudice to the individual so reporting and shall be for the
confidential use of the Department and the Secretary of State and, in the
case of second division vehicles operated under certificate of convenience
and necessity issued by the Illinois Commerce Commission, of the Commission,
except that the Administrator or the Secretary of State or the Commission may
disclose the identity of a person involved in a motor vehicle accident
when such identity is not otherwise known or when such person denies his
presence at such motor vehicle accident and the Department shall disclose
the identity of the insurance carrier, if any, upon demand. The Secretary of
State may also disclose notations of accident involvement maintained on
individual driving records. The Department
may furnish copies of its written accident reports to federal, State, and local
agencies that are engaged in highway safety research and studies. Reports
furnished to any agency other than the Secretary of State or the Illinois
Commerce Commission may be used only for statistical or analytical purposes
and shall be held confidential by that agency.
No such written report shall be used as evidence in any trial, civil
or criminal, arising out of a motor vehicle accident, except
that the Administrator shall furnish upon demand of any person who has,
or claims to have, made such a written report, or upon demand of any
court, a certificate showing that a specified written accident report
has or has not been made to the Administrator solely to prove a compliance
or a failure to comply with the requirement that such a written report
be made to the Administrator.
The Department of Transportation at its discretion may provide for
in-depth investigations of accidents involving Department employees. A
written report describing the preventability of such an accident may be
prepared to enhance the safety of Department employees. Such reports and
any opinions expressed in the review of the accident as to the
preventability of the accident shall be for the privileged use of the
Department and held confidential and shall not be obtainable or used in any
civil or criminal proceeding.
(Source: P.A. 95-757, eff. 7-25-08.)
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