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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>63768</law_id><section_number>8.01-417</section_number><catch_line>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 other party; disclosure of insurance policy limits</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>46.2-1409</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="8.01">Civil Remedies and Procedure</unit><unit label="chapter" level="2" order_by="1" identifier="14">Evidence</unit><unit label="article" level="3" order_by="1" identifier="9">Miscellaneous Provisions</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> Any <span class="dictionary">person</span> who takes from a <span class="dictionary">person</span> who has sustained a personal injury a signed written statement or voice recording of any statement relative to such injury shall deliver to such injured <span class="dictionary">person</span> a copy of such written statement forthwith or a verified typed transcription of such recording within 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 <span class="dictionary">person</span> or his attorney. <a id="paragraph-232329" class="section-permalink" href="https://vacode.org/8.01-417/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> Unless otherwise ordered for good cause shown, when one <span class="dictionary">party</span> to a civil proceeding <span class="dictionary">subpoenas</span> documents, the subpoenaing <span class="dictionary">party</span>, upon receipt of the subpoenaed documents, shall, if requested in writing, provide true and full copies of the same to any other <span class="dictionary">party</span> or to the attorney for any other <span class="dictionary">party</span>, provided the other <span class="dictionary">party</span> or attorney for the other <span class="dictionary">party</span> pays the reasonable cost of copying or reproducing the subpoenaed documents. This provision does not apply where the subpoenaed documents are returnable to and maintained by the <span class="dictionary">clerk of court</span> in which the <span class="dictionary">action</span> is pending. <a id="paragraph-232330" class="section-permalink" href="https://vacode.org/8.01-417/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> After he gives written notice that he represents an injured <span class="dictionary">person</span>, an attorney, or an individual injured in a motor vehicle accident if he is not represented by <span class="dictionary">counsel</span>, may, prior to the filing of a <span class="dictionary">civil action</span> for personal injuries sustained as a result of a motor vehicle accident, request in writing that the insurer disclose (i) the limits of liability of any motor vehicle liability or any personal injury liability insurance policy that may be applicable to the claim and (ii) the physical address, if known, of the alleged tortfeasor who is insured by the insurer, if not previously reported to the requesting <span class="dictionary">party</span>. The requesting <span class="dictionary">party</span> shall 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 <span class="dictionary">party</span>, a copy of the accident report, if any, and the claim number, if available. The insurer shall provide the alleged tortfeasor&#x2019;s physical address within 30 days of the receipt of the request. When requesting the limits of liability, the requesting <span class="dictionary">party</span> shall also submit to the insurer the injured <span class="dictionary">person</span>&#x2019;s medical records, medical bills, and wage-loss 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 charged with an <span class="dictionary">offense</span> under &#xA7; <a class="law" title="Maiming, etc., of another resulting from driving while intoxicated" href="/18.2-51.4/">18.2-51.4</a>, <a class="law" title="Driving motor vehicle, engine, etc., while intoxicated, etc" href="/18.2-266/">18.2-266</a>, <a class="law" title="Persons under age 21 driving after illegally consuming alcohol; penalty" href="/18.2-266.1/">18.2-266.1</a>, <a class="law" title="Refusal of tests; penalties; procedures" href="/18.2-268.3/">18.2-268.3</a>, or <a class="law" title="Driving a commercial motor vehicle while intoxicated, etc" href="/46.2-341.24/">46.2-341.24</a> and the injured <span class="dictionary">person</span>&#x2019;s injuries arose from the same incident that resulted in such charge, the insurer shall respond in 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 <span class="dictionary">person</span>&#x2019;s claim, and the insured&#x2019;s address. Disclosure of the policy limits under this section shall not constitute an admission that the alleged injury or damage is subject to the policy. Information concerning the insurance policy is not by reason of disclosure pursuant to this subsection <span class="dictionary">admissible</span> as <span class="dictionary">evidence</span> at <span class="dictionary">trial</span>. <a id="paragraph-232331" class="section-permalink" href="https://vacode.org/8.01-417/#C"><i class="fa fa-link"/></a></p></section>
						<section id="D"><p><span class="prefix-number">D.</span> After he gives written notice that he represents the personal representative of the estate of a decedent who died as a result of a motor vehicle accident, an attorney, or the personal representative of the estate of the decedent who died as a result of a motor vehicle accident if he is not represented by <span class="dictionary">counsel</span>, may, prior to the filing of a <span class="dictionary">civil action</span> for wrongful death as a result of a motor vehicle accident, request in writing that the insurer disclose (i) the limits of liability of any motor vehicle liability insurance policy or any personal injury liability insurance policy that may be applicable to the claim and (ii) the physical address, if known, of the alleged tortfeasor who is insured by the insurer, if not previously reported to the requesting <span class="dictionary">party</span>. The requesting <span class="dictionary">party</span> shall 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 <span class="dictionary">party</span>, a copy of the accident report, if any, and the claim number, if available. The insurer shall provide the alleged tortfeasor&#x2019;s physical address within 30 days of the receipt of the request. When requesting the limits of liability, the requesting <span class="dictionary">party</span> shall submit to the insurer the death certificate of the decedent; the certificate of qualification of the personal representative of the decedent&#x2019;s estate; the names and relationships of the statutory beneficiaries of the decedent; medical bills, if any, supporting a claim for <span class="dictionary">damages</span> under subdivision 3 of &#xA7; <a class="law" title="Amount of damages" href="/8.01-52/">8.01-52</a>; and, if at the time the request is made a claim for <span class="dictionary">damages</span> under clause (i) of subdivision 2 of &#xA7; <a class="law" title="Amount of damages" href="/8.01-52/">8.01-52</a> is anticipated, a description of the source, amount, and payment history of the claimed income loss for each beneficiary. The insurer shall respond in 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 personal representative&#x2019;s claim, and the insured&#x2019;s address. Disclosure of the policy limits under this section shall not constitute an admission that the alleged death or other damage is subject to the policy. Information concerning the insurance policy is not by reason of disclosure pursuant to this subsection <span class="dictionary">admissible</span> as <span class="dictionary">evidence</span> at <span class="dictionary">trial</span>. <a id="paragraph-232332" class="section-permalink" href="https://vacode.org/8.01-417/#D"><i class="fa fa-link"/></a></p></section>
						<section id="E"><p><span class="prefix-number">E.</span> For purposes of subsections C and D, if the alleged tortfeasor has insurance coverage from a self-insured locality for a motor vehicle accident, as described in this section, and the locality is authorized by the alleged tortfeasor to accept <span class="dictionary">service of process</span> on behalf of the alleged tortfeasor and agrees to do so, the locality, in its discretion and instead of disclosing the alleged tortfeasor&#x2019;s home address, may disclose the insured&#x2019;s work address and the name and address of the <span class="dictionary">person</span> who shall accept <span class="dictionary">service of process</span> on behalf of the alleged tortfeasor. If the locality makes such a disclosure, the locality shall not be required to disclose the alleged tortfeasor&#x2019;s home address. <a id="paragraph-232333" class="section-permalink" href="https://vacode.org/8.01-417/#E"><i class="fa fa-link"/></a></p></section>
						<section id="F"><p><span class="prefix-number">F.</span> As used in subsections C and D, &#x201C;insurer&#x201D; does not include the insurance agency or the insurance agent representing the alleged tortfeasor as the authorized representative or agent with respect to the alleged tortfeasor&#x2019;s motor vehicle insurance policy. <a id="paragraph-232334" class="section-permalink" href="https://vacode.org/8.01-417/#F"><i class="fa fa-link"/></a></p></section></text><history>Code 1950, &#xA7; 8-628.2; 1954, c. 390; 1977, c. 617; 2004, c. 345; 2005, c. 211; 2008, c. 819; 2010, cc. 354, 435; 2015, c. 711; 2016, cc. 241, 267; 2018, c. 479; 2021, Sp. Sess. I, c. 88.</history><metadata></metadata></law>
