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Fairfax, Leesburg & Loudoun, Virginia

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Doug Landau
Doug Landau
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Obtain policy limit information before you file

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It’s difficult to keep up on the latest and greatest changes in the law as an attorney and even more difficult if you are the injured party. A change made this year in the Virginia Code is particularly relevant to personal injury attorneys.

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 the limits of liability of any motor vehicle liability or any personal injury liability insurance policy that may be applicable to the claim.

See VA Code 8.01-417 for all of the additional requirements (e.g., a requirement is that the requesting party also submit medical bills, wage loss documentation, etc.).

In addition, and even better for those of us practicing in this area of law, the insurer must respond within 30 days if the medical bills and wage loss are over $12,500.

However, for our clients, this statute also points out that you are supposed to receive a copy of any written or oral statement you provide to the insurance company within 30 days (if it is transcribed or requested) – of course, we do not recommend our clients provide statements.