Risk Management Legal Alert - Virginia Needs Disclosure of Policy Liability Limits

Risk Management Legal Alert - Virginia Needs Disclosure of Policy Liability Limits

Virginia's legislature adopted a replacement disclosure requirement for motorized vehicle insurers that needs an insurer disclose the boundaries of liability of any motorcar liability or personal injury liability insurance policy to a claimant prior to the filing of a civil action. The trigger for this disclosure could be a request by any claimant. The requesting party should meet a variety of needs detailed in the Code. The new law provides that the disclosure of the policy limits does not constitute an admission of liability nor does it make information regarding the insurance policy admissible as evidence at trial. The amended Code can take impact on July one, 2008. The amended Code is as follows: ? 8.01-417 Copies of written statements or transcriptions of verbal statements by injured person to be delivered to him; copies of subpoenaed documents to be provided to alternative party. A. Any one that takes from a one that has sustained a personal injury a signed written statement or voice recording of any statement relative to such injury shall deliver to such injured person a duplicate of such written statement forthwith or a verified typed transcription of such recording inside 30 days from the date such statement was given or recording made, when and if the statement or recording is transcribed or in all cases when requested by the injured person or his attorney. B. Unless otherwise ordered for sensible cause shown, when one party to a civil continuing subpoenas documents, the subpoenaing party, upon receipt of the subpoenaed documents, shall, if requested in writing, provide true and full copies of the same to any alternative party or to the attorney for any other party, provided the opposite party or attorney for the other party pays the affordable cost of copying or reproducing the subpoenaed documents. This provision does not apply where the subpoenaed documents are returnable to and maintained by the clerk of court in which the action is pending. C. When he offers written notice that he represents an injured person, an attorney, or a private injured in a automobile accident if he is not represented by counsel, could, previous to the filing of a civil action for personal injuries sustained as a result of a car accident, request in writing that the insurer disclose the boundaries of liability of any car liability or any personal injury liability insurance policy that may be applicable to the claim. The requesting party shall provide the insurer with the date of the automobile accident, the name and last known address of the alleged tortfeasor, a replica of the accident report, if any, and the claim number, if available. The requesting party shall additionally have the insurer the injured person's medical records, medical bills, and wage-loss documentation, if applicable, pertaining to the claimed injury. If the whole of all such medical bills and wage losses equals or exceeds $twelve,500, the insurer shall respond in writing inside 30 days of receipt of the request and shall disclose the bounds of liability at the time of the accident of all such policies, irrespective of whether the insurer contests the applicability of the policy to the injured person's claim. Disclosure of the policy limits beneath this section shall not constitute an admission that alleged injury or harm is subject to the policy. Information regarding the insurance policy is not by reason of disclosure pursuant to the present subsection admissible as evidence at trial.

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