{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-66.1_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-66.1_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-66.1_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-66.1_1.html"}],"law_id":55086,"edition_id":1,"section_id":55086,"structure_id":14002,"section_number":"8.01-66.1:1","catch_line":"(For January 1, 2016, applicability date, see Editor’s note) Subrogation claims by underinsured motorist benefits insurer","history":"2015, cc. 584, 585.","full_text":"A\n\nAny underinsured motorist benefits insurer paying such benefits to an insured, by way of settlement or payment pursuant to a judgment, shall have no right of subrogation against any individual or entity who settled with the underinsured motorist benefits insurer’s insured pursuant to subsection K of \u00a7 38.2-2206 unless the underinsured motorist failed to reasonably cooperate in the defense of any lawsuit brought against him. An underinsured motorist shall be presumed to have failed to reasonably cooperate if he fails or refuses:1\n\nTo attend his deposition or trial if subpoenaed to appear at least 21 days in advance of either event;2\n\nTo assist in responding to written discovery;3\n\nTo meet with defense counsel for a reasonable period of time after reasonable notice, by phone or in person, within 21 days of being served with any lawsuit and again prior to his deposition and trial; or4\n\nTo notify counsel for the underinsured motorist benefits insurer of any change in address.\n\t\t\t\tThe underinsured motorist may rebut the presumption that he failed to reasonably cooperate. If the court finds that the underinsured motorist’s failure to cooperate was not unreasonable or that the underinsured motorist otherwise acted in good faith in attempting to comply with his duty to reasonably cooperate with the underinsured motorist benefits insurer, then the underinsured motorist benefits insurer will not regain its right of subrogation.B\n\nThe underinsured motorist benefits insurer seeking the cooperation of the underinsured motorist shall pay the reasonable costs and expenses related to procuring such cooperation, including any travel costs if the underinsured motorist resides more than 100 miles from the location of his deposition or trial. Travel costs may be considered by the court in determining whether the underinsured motorist’s failure to cooperate was unreasonable or not.C\n\nIf the court finds that the underinsured motorist satisfied his duty to cooperate with the underinsured motorist benefits insurer or that his failure to do so was not unreasonable, then the court may award him his costs in defending such subrogation action, including reasonable attorney fees.","order_by":null,"text":{"0":{"id":202021,"text":"Any underinsured motorist benefits insurer paying such benefits to an insured, by way of settlement or payment pursuant to a judgment, shall have no right of subrogation against any individual or entity who settled with the underinsured motorist benefits insurer’s insured pursuant to subsection K of \u00a7 38.2-2206 unless the underinsured motorist failed to reasonably cooperate in the defense of any lawsuit brought against him. An underinsured motorist shall be presumed to have failed to reasonably cooperate if he fails or refuses:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":202022,"text":"To attend his deposition or trial if subpoenaed to appear at least 21 days in advance of either event;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":202023,"text":"To assist in responding to written discovery;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":202024,"text":"To meet with defense counsel for a reasonable period of time after reasonable notice, by phone or in person, within 21 days of being served with any lawsuit and again prior to his deposition and trial; or","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":202025,"text":"To notify counsel for the underinsured motorist benefits insurer of any change in address.\n\t\t\t\tThe underinsured motorist may rebut the presumption that he failed to reasonably cooperate. If the court finds that the underinsured motorist’s failure to cooperate was not unreasonable or that the underinsured motorist otherwise acted in good faith in attempting to comply with his duty to reasonably cooperate with the underinsured motorist benefits insurer, then the underinsured motorist benefits insurer will not regain its right of subrogation.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":202026,"text":"The underinsured motorist benefits insurer seeking the cooperation of the underinsured motorist shall pay the reasonable costs and expenses related to procuring such cooperation, including any travel costs if the underinsured motorist resides more than 100 miles from the location of his deposition or trial. Travel costs may be considered by the court in determining whether the underinsured motorist’s failure to cooperate was unreasonable or not.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"C"},"6":{"id":202027,"text":"If the court finds that the underinsured motorist satisfied his duty to cooperate with the underinsured motorist benefits insurer or that his failure to do so was not unreasonable, then the court may award him his costs in defending such subrogation action, including reasonable attorney fees.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14002,"edition_id":1,"name":"Motor Vehicle Accidents","identifier":"7","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:46:34","date_modified":"2026-06-26 03:46:34","permalink":{"id":280923,"object_type":"structure","relational_id":14002,"identifier":"7","token":"8.01\/3\/7","url":"\/8.01\/3\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12886,"edition_id":1,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":279635,"object_type":"structure","relational_id":12886,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":66106,"structure_id":14002,"section_number":"8.01-63","catch_line":"Liability for death or injury to guest in motor vehicle","url":"\/8.01-63\/","token":"8.01\/3\/7\/8.01-63","metadata":false},{"id":60368,"structure_id":14002,"section_number":"8.01-64","catch_line":"Liability for negligence of minor","url":"\/8.01-64\/","token":"8.01\/3\/7\/8.01-64","metadata":false},{"id":74766,"structure_id":14002,"section_number":"8.01-65","catch_line":"Defense of lack of consent of owner","url":"\/8.01-65\/","token":"8.01\/3\/7\/8.01-65","metadata":false},{"id":76159,"structure_id":14002,"section_number":"8.01-66","catch_line":"Recovery of damages for loss of use of vehicle","url":"\/8.01-66\/","token":"8.01\/3\/7\/8.01-66","metadata":false},{"id":62701,"structure_id":14002,"section_number":"8.01-66.1","catch_line":"Remedy for arbitrary refusal of motor vehicle insurance claim","url":"\/8.01-66.1\/","token":"8.01\/3\/7\/8.01-66.1","metadata":false},{"id":55086,"structure_id":14002,"section_number":"8.01-66.1:1","catch_line":"(For January 1, 2016, applicability date, see Editor's note) Subrogation claims by underinsured motorist benefits insurer","url":"\/8.01-66.1_1\/","token":"8.01\/3\/7\/8.01-66.1_1","metadata":false}],"previous_section":{"id":62701,"structure_id":14002,"section_number":"8.01-66.1","catch_line":"Remedy for arbitrary refusal of motor vehicle insurance claim","url":"\/8.01-66.1\/","token":"8.01\/3\/7\/8.01-66.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-66.1:1\/","history_text":"

This law was first created in 2015. The record of its establishment is cataloged in chapters 584<\/a> and 585<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":76965,"section_number":"38.2-2206","catch_line":"Uninsured motorist insurance coverage","order_by":null,"url":"\/38.2-2206\/"}],"refers_to":[{"id":76965,"section_number":"38.2-2206","catch_line":"Uninsured motorist insurance coverage","order_by":null,"url":"\/38.2-2206\/"}],"permalink":{"id":280945,"object_type":"law","relational_id":55086,"identifier":"8.01-66.1:1","token":"8.01\/3\/7\/8.01-66.1_1","url":"\/8.01-66.1_1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-66.1_1\/","token":"8.01\/3\/7\/8.01-66.1_1","dublin_core":{"Title":"(For January 1, 2016, applicability date, see Editor’s note) Subrogation claims by underinsured motorist benefits insurer","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-66.1:1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any underinsured motorist benefits insurer paying such benefits to an insured, by way of settlement<\/span> or payment pursuant to a judgment<\/span>, shall have no right of subrogation against any individual or entity who settled with the underinsured motorist benefits insurer’s insured pursuant to subsection K of \u00a7 38.2-2206<\/a> unless the underinsured motorist failed to reasonably cooperate in the defense of any lawsuit<\/span> brought against him. An underinsured motorist shall be presumed to have failed to reasonably cooperate if he fails or refuses: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> To attend his deposition<\/span> or trial<\/span> if subpoenaed to appear at least 21 days in advance of either event; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> To assist in responding to written discovery<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> To meet with defense counsel<\/span> for a reasonable period of time after reasonable notice, by phone or in person<\/span>, within 21 days of being served with any lawsuit<\/span> and again prior to his deposition<\/span> and trial<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> To notify counsel<\/span> for the underinsured motorist benefits insurer of any change in address.\n\t\t\t\tThe underinsured motorist may rebut the presumption<\/span> that he failed to reasonably cooperate. If the court<\/span> finds that the underinsured motorist’s failure to cooperate was not unreasonable or that the underinsured motorist otherwise acted in good faith in attempting to comply with his duty to reasonably cooperate with the underinsured motorist benefits insurer, then the underinsured motorist benefits insurer will not regain its right of subrogation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The underinsured motorist benefits insurer seeking the cooperation of the underinsured motorist shall pay the reasonable costs and expenses related to procuring such cooperation, including any travel costs if the underinsured motorist resides more than 100 miles from the location of his deposition<\/span> or trial<\/span>. Travel costs may be considered by the court<\/span> in determining whether the underinsured motorist’s failure to cooperate was unreasonable or not. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the court<\/span> finds that the underinsured motorist satisfied his duty to cooperate with the underinsured motorist benefits insurer or that his failure to do so was not unreasonable, then the court<\/span> may award him his costs in defending such subrogation action<\/span>, including reasonable attorney fees. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n(FOR JANUARY 1, 2016, APPLICABILITY DATE, SEE EDITOR’S NOTE) SUBROGATION\nCLAIMS BY UNDERINSURED MOTORIST BENEFITS INSURER (\u00a7 8.01-66.1:1)\n\nA. Any underinsured motorist benefits insurer paying such benefits to an\ninsured, by way of settlement or payment pursuant to a judgment, shall have no\nright of subrogation against any individual or entity who settled with the\nunderinsured motorist benefits insurer’s insured pursuant to subsection K\nof \u00a7 38.2-2206 unless the underinsured motorist failed to reasonably cooperate\nin the defense of any lawsuit brought against him. An underinsured motorist\nshall be presumed to have failed to reasonably cooperate if he fails or refuses:\n\n 1. To attend his deposition or trial if subpoenaed to appear at least 21 days\n in advance of either event;\n\n 2. To assist in responding to written discovery;\n\n 3. To meet with defense counsel for a reasonable period of time after\n reasonable notice, by phone or in person, within 21 days of being served with\n any lawsuit and again prior to his deposition and trial; or\n\n 4. To notify counsel for the underinsured motorist benefits insurer of any\n change in address.\n \t\t\t\tThe underinsured motorist may rebut the presumption that he failed to\n reasonably cooperate. If the court finds that the underinsured\n motorist’s failure to cooperate was not unreasonable or that the\n underinsured motorist otherwise acted in good faith in attempting to comply\n with his duty to reasonably cooperate with the underinsured motorist benefits\n insurer, then the underinsured motorist benefits insurer will not regain its\n right of subrogation.\n\nB. The underinsured motorist benefits insurer seeking the cooperation of the\nunderinsured motorist shall pay the reasonable costs and expenses related to\nprocuring such cooperation, including any travel costs if the underinsured\nmotorist resides more than 100 miles from the location of his deposition or\ntrial. Travel costs may be considered by the court in determining whether the\nunderinsured motorist’s failure to cooperate was unreasonable or not.\n\nC. If the court finds that the underinsured motorist satisfied his duty to\ncooperate with the underinsured motorist benefits insurer or that his failure to\ndo so was not unreasonable, then the court may award him his costs in defending\nsuch subrogation action, including reasonable attorney fees.\n\nHISTORY: 2015, cc. 584, 585.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}