Risk Management Legal Alert – Virginia requires disclosure of policy liability limits

2019-05-25 Business No comment

The Virginia legislature has adopted new disclosure requirements for motor vehicle insurers, requiring insurance companies to cancel the liability limits for any motor vehicle liability or personal injury liability insurance liability to the claimant before filing a civil lawsuit. The trigger of the present disclosure is the request of any claimant. The requesting party must meet some of the requirements detailed in this Code. The new law stipulates that disclosure of policy restrictions does not stipulate liability and does not use information about insurance policies as evidence of trial. The revised Code will take effect on July 1, 2008. The revised code is as follows:

  • 8.01-417 A copy of the written statement or oral statement sent to him by the victim; a copy of the summons file submitted to the other party.
  • A. Any person who obtains a written statement or recording of any statement of such injury from a person who has suffered personal injury shall immediately provide the injured person with a copy of such written statement or a typical transcription of such a verified record. When and when to transcribe a statement or recording within 30 days of the date of the presentation or recording, or at the request of the victim or his or her lawyer.

    B. There is no other order for justification. When a party to a civil action summons a document, the summoning party shall provide a true and complete copy to any other party if a written request is made after receiving the subpoena. Or a lawyer of any other party, but the other party or attorney of the other party pays a reasonable fee for copying or copying the voucher document. This provision does not apply if the summoned document is returned and maintained by the court clerk who is hearing the case.

    C. In his written notice that he represents an injured person, a lawyer or an individual injured in a motor vehicle accident [if he is not represented by a lawyer], he may be required to file insurance as a result of a motor vehicle accident before the civil action for personal injury is filed The person cancels any liability limit for motor vehicles or any personal injury liability insurance policy that may apply to the claim. The requesting party shall provide the insurance company with the date of the motor vehicle accident, the name and last known address of the alleged infringer, a copy of the accident report [if any] and the claim number [if any]. The requesting party should also submit to the insured the medical records of the injured person, medical expenses and wage loss documents [if applicable], related to the alleged injury. If the sum of all such medical expenses and wage losses equals or exceeds $12,500, the insurer should respond in writing within 30 days of receiving the request and cancel the liability limit in the event of an accident in all such policies, regardless of the insurance company. Oppose the applicability of this policy to victims' claims. According to the policy restrictions disclosed in this section, it is not allowed to recognize that the alleged injury or damage is subject to policy restrictions. The information on the insurance policy is not admitted as evidence at the trial due to the disclosure of this paragraph.

    If you need more information about this revision code, please contact John Butler or our Risk Management Attorney.

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