                                 CODE OF VIRGINIA

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 (§ 8.01-417)

A. Any person who takes from a person 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 person 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 person or his attorney.

B. Unless otherwise ordered for good cause shown, when one party to a civil
proceeding 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 other party or to the attorney for any other party,
provided the other party or attorney for the other party 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
clerk of court in which the action is pending.

C. After he gives written notice that he represents an injured person, an
attorney, or an individual injured in a motor vehicle accident if he is not
represented by counsel, may, prior to the filing of a civil action 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 party. The requesting party 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 party, a copy of the
accident report, if any, and the claim number, if available. The insurer shall
provide the alleged tortfeasor&#8217;s physical address within 30 days of the
receipt of the request. When requesting the limits of liability, the requesting
party shall also submit to the insurer the injured person&#8217;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 offense under &#xA7; 18.2-51.4,
18.2-266, 18.2-266.1, 18.2-268.3, or 46.2-341.24 and the injured person&#8217;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 person&#8217;s claim, and the insured&#8217;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 admissible as evidence at trial.

D. 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 counsel,
may, prior to the filing of a civil action 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 party. The
requesting party 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 party, a copy of the accident report, if any,
and the claim number, if available. The insurer shall provide the alleged
tortfeasor&#8217;s physical address within 30 days of the receipt of the
request. When requesting the limits of liability, the requesting party shall
submit to the insurer the death certificate of the decedent; the certificate of
qualification of the personal representative of the decedent&#8217;s estate; the
names and relationships of the statutory beneficiaries of the decedent; medical
bills, if any, supporting a claim for damages under subdivision 3 of &#xA7;
8.01-52; and, if at the time the request is made a claim for damages under
clause (i) of subdivision 2 of &#xA7; 8.01-52 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&#8217;s claim, and
the insured&#8217;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 admissible as evidence at
trial.

E. 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 service of process on behalf of the alleged tortfeasor and agrees to do
so, the locality, in its discretion and instead of disclosing the alleged
tortfeasor&#8217;s home address, may disclose the insured&#8217;s work address
and the name and address of the person who shall accept service of process on
behalf of the alleged tortfeasor. If the locality makes such a disclosure, the
locality shall not be required to disclose the alleged tortfeasor&#8217;s home
address.

F. As used in subsections C and D, &#8220;insurer&#8221; 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&#8217;s motor vehicle insurance policy.

HISTORY: Code 1950, § 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.