Closed commercial automotive insurance claims (Delaware Department Of Insurance)

Good morning, Mr. Rudenberg:

Please find attached the Department's Final Response letter dated 05/01/2019 regarding your FOIA request. This response is being sent via email only. Thank you.

Be well,
Joanne Caiola
Joanne Caiola, Paralegal
Delaware Department of Insurance-Legal Unit
841 Silver Lake Boulevard - SLC: D400
Dover, DE 19904-2465
Phone: 302-674-7316
Fax: 302-739-5566
Email: joanne.caiola@delaware.gov<mailto:joanne.caiola@state.de.us>

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Dear Mr. Rudenberg,

This responds to your request dated April 29, 2019 to the Delaware Department of Transportation ("DelDOT") under the Delaware Freedom of Information Act, 29 Del. C. §§10001-10007 ("FOIA").

First, he records you have requested pertaining to crash data are exempt from disclosure pursuant to both 29 Del. C. §10002(l)(6) and 29 Del. C. §10002(l)(3) as the records are not open to public inspection under 21 Del. C. 313 and are considered investigatory files. See Del. Op. Att'y Gen. 19-IB22 (April 26, 2019).

Second, the information you requested is exempted from public disclosure pursuant to 21 Del. C. §305, which limits the release of personal information by the DMV. Section 305 of Title 21 of the Delaware Code specifically provides that "...the Division of Motor Vehicles and any officer, employee or contractor thereof or any other person shall not knowingly disclose or otherwise make available to any person or entity personal information about any individual obtained by the Division in connection with a motor vehicle record." Accordingly, DelDOT cannot provide you with the information you requested under FOIA as it contains personal information obtained in connection with a motor vehicle record.

Third, as of the date of this email, DelDOT has no records that are responsive to certain parts of this request.

Finally, DelDOT is unable to produce certain records you requested as DelDOT does not track or maintain certain information requested. FOIA does not require an agency to create a document or program that does not already exist. See Del. Op. Att'y Gen. 06-IB17 (Aug. 21, 2006) (finding that FOIA does not require an agency to develop a program or create a new record to comply with a FOIA request).
Accordingly, based on the above mentioned reasons, DelDOT is denying your request.

Thank you,
Kristin

Kristin Summers
Paralegal II
Legal Department
Department of Transportation
800 Bay Road
P.O. Box 778
Dover, DE 19903

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April 29, 2019

To Whom It May Concern:

Pursuant to the Delaware Freedom of Information Act, I hereby request the following records:

I request access to all records relating to closed automotive claims for commercial automobile insurance. Each record should include the following elements:

- 17 digit Vehicle Identification Number (VIN) of insured

- 17 digit VIN ID of claimant(s)

- DOT/MC# of insured

- Vehicle make, model, year

- License plate number/state

- Time/date of accident

- Location of accident

- Description of accident

- Record locator/ID for filed police report

- Incurred loss value (property damage)

- Incurred loss value (bodily injury)

- Date claim closed (property damage)

- Date claim closed (bodily injury)

- Was legal suit filed?

- Was case settled or trial?

- Number of fatalities

- Number of injuries

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 15 business days, as the statute requires.

Please note that I am a citizen of Delaware, and am using MuckRock's services to help manage and track my request.

Sincerely,

Jonathan Rudenberg

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