7.5 Miscellaneous

• Library: Insurance Law in Virginia (Virginia CLE) (2020 Ed.)

7.5 MISCELLANEOUS

7.501 Disclosure of Policy Limits. Section 8.01-417 of the Virginia Code allows a person injured in a motor vehicle accident, or the injured person's counsel, before the filing of a civil action for the resulting personal injuries, to request in writing that the insurer disclose the limits of liability of any motor vehicle liability or any personal injury liability insurance policy that may be applicable to the claim. ¹⁹⁵ Additionally, the requesting party must

provide the insurer with the date of the motor vehicle accident, the name and last known address of the alleged tortfeasor if it has been reported to the requesting party, a copy of the accident report, if any, and the claim number, if available. The insurer shall provide the alleged tortfeasor's physical address within 30 days of the receipt of the request. When requesting the limits of liability, the requesting party shall also submit to the insurer the injured person's medical records, medical bills, and wageloss documentation, if applicable, pertaining to the claimed injury. If (a) the total of the medical bills and wage losses submitted equals or exceeds $12,500 or (b) regardless of the amount of losses, the alleged tortfeasor was convicted of an offense under § 18.2-51.4, 18.2-266.1, or 46.2-341.24 and the injured person's injuries arose from the same incident that resulted in such conviction, the insurer shall respond in

[Page 207]

writing within 30 days of receipt of the request and shall disclose the limits of liability at the time of the accident of all such policies, regardless of whether the insurer contests the applicability of the policy to the injured person's claim, and the insured's address. ¹⁹⁶

Disclosure of the policy limits under this section does not constitute an admission that the alleged injury or damage is subject to the policy, and information concerning the insurance policy is not admissible as evidence at trial by reason of disclosure under section 8.01-417(C).

Section 8.01-417.01 allows a person injured at the residence of another, or the injured person's counsel, before the filing of a civil action for personal injuries sustained at the residence of another, to request in writing that the insurer of the residence disclose the limits of liability of any homeowners insurance policy or any personal injury liability insurance policy that may be applicable to the claim.

7.502 Electronic Notification and Delivery. Section 38.2-325 of the Virginia Code...