CO Code § 42-4-1610 (2021)
2021 Colorado Code|Title 42 - Vehicles and Traffic|Article 4 - Regulation of Vehicles and Traffic|Part 16 - Accidents and Accident Reports|§ 42-4-1610. Reports by Interested Parties Confidential

 All accident reports and supplemental reports required by law to be made by any driver, owner, or person involved in any accident shall be without prejudice to the individual so reporting and shall be for the confidential use of the department; except that the department may disclose the identity of a person involved in an accident when such identity is not otherwise known or when such person denies his or her presence at such accident. Except as provided in section 42-7-504 (2) , no such report shall be used as evidence in any trial, civil or criminal, arising out of an accident; except that the department shall furnish, upon demand of any person who has, or claims to have, made such a report or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the department solely to prove a compliance or failure to comply with the requirement that such a report be made to the department. This section shall not be construed to mean that reports of investigation or other reports made by sheriffs, police officers, coroners, or other peace officers shall be confidential, but the same shall be public records and shall be subject to the provisions of section 42-1-206 .   History. Source: L. 94: Entire title amended with relocations, p. 2403, § 1, effective January 1, 1995.    Editor's note:   This section is similar to former § 42-4-1410 as it existed prior to 1994, and the former § 42-4-1610 was relocated to § 42-4-1810 .   ANNOTATION   Annotator's note. Since § 42-4-1610 is similar to § 42-4-1410 as it existed prior to the 1994 amending of title 42 as enacted by SB 94-1, relevant cases construing that provision have been included with the annotations to this section.   Reports confidential in order to encourage compliance. The provisions of this section are based upon a declared public policy announced by the general assembly. Public policy requires that motorists be encouraged to make full and frank compliance with the requirement for filing the reports under the uniform motor vehicle statutes, and makes any information therein contained unavailable for use except by the department, and the limited exceptions embraced in this section. Clark v. Reichman, 130 Colo. 329 , 275 P.2d 952.   Distinction between confidential reports and police reports. The confidentiality provision of this section distinguishes between reports required to be made “by any driver, owner, or person involved in any accident”, which are not admissible in evidence, and police investigation reports, which are public records and which are admissible. People v. Reyes, 42 Colo. App. 73, 589 P.2d 1385 (1979).   Inculpatory statements not covered by this section. Inculpatory statements made to police officers by a party are not part of either the notice or report requirements of § 42-4-1406 , and are not protected by the confidentiality provision of this section, and law enforcement officers' testimony as to those statements are properly admissible at trial. People v. Reyes, 42 Colo. App. 73, 589 P.2d 1385 (1979).