SB 1012

Abstract

Motor vehicle collisions; collection of certain mobile telephone data; collision reports. Requires that a law-enforcement officer include on any collision report the mobile telephone number, mobile telephone provider, and International Mobile Equipment Identity (IMEI) number for any driver involved in a motor vehicle collision. The bill allows an attorney who has certified that he represents a person injured in a motor vehicle collision to request in writing that the mobile telephone provider of the alleged tortfeasor preserve for a period of four years from the date of such collision certain information related to the mobile telephone of such alleged tortfeasor. The bill also allows such attorney to request in writing that the alleged tortfeasor preserve certain mobile telephone information for a period of three years from the date of such collision for the purpose of anticipated litigation. The bill also creates a rebuttable presumption of spoliation of evidence where an alleged tortfeasor fails to preserve mobile telephone records or provide the required information for a collision report. Finally, the bill requires, upon request from such attorney, the alleged tortfeasor's auto insurance company utilizing a telematics application to advise such attorney of the existence of such telematics application data and to preserve and provide such data upon such attorney's request.

A BILL to amend and reenact §§ 8.01-379.2:1 and 46.2-373 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 8.01-417.02, relating to motor vehicle collisions; collection of certain mobile telephone data; collision reports.