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Virginia Amends Statute to Require Pre-litigation Disclosure Of Policy Limits In Context Of Motor Vehicle Accidents
In 2008, Subsection C was added to Va. Code. § 8.01-417. The addition deals with motor vehicle accidents and the responsibilities of insurers. It represents a significant shift. Insurers are now required to inform injured motorists of applicable policy limits upon written request.
The Subsection allows an injured person or their attorney to make a written request for policy information, specifically policy limits, prior to filing their personal injury suit. In order to make such a request, the injured party must first disclose pertinent information relating to the accident. In addition to the accident’s factual details, such information includes medical bills, medical records, and wage loss information. Provided the injured party has complied with the statute and has suffered wage losses and/or medical bills of a combined $12,500.00, the insurer “shall disclose” the policy limits.
The Subsection does not presume that an insurer’s compelled disclosure of policy limits means the insurer has conceded the “alleged injury or damage is subject to the policy.” Moreover, policy information learned as a result of Va. Code. 8.01-417(C) is inadmissible at trial.
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