Virginia’s General Assembly passed a helpful law that just went in effect July 1, 2008.
It requires liability insurers share the policy limits that may be available when their insureds are involved in an accident. Moreover, it requires they do so even if no suit has been filed yet.
That provides accident victims and their lawyers with important information — what insurance might be available to settle a case or to satisfy a judgment. That helps them make more accurate economic decisions regarding whether to sue and whether to take a pre-lawsuit settlement offer.
The statute is Virginia Code section 8.01-417. One caveat — before a carrier has to share its available policy limits, the injured person or their lawyer must first provide details regarding the claim and potential damages. Those requirements are set out in the statute.
Below, you can access a sample letter, which quotes the statute and lists the required information. Feel free to cut and past as appropriate. Remember though, we provide that letter simply as a courtesy. Neither that letter nor anything else on this website is a substitute for consulting directly with an attorney.
Click Here To See a Word Version of the Letter
John J. Rasmussen founded the Insurance Recovery Law Group, PLC after nearly a decade of working for insurance companies. You can learn more about him and his practice at www.insurance-recovery.com. You can contact him at jjr@insurance-recovery.com.