8.01-417 - 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 ins
§ 8.01-417. Copies of written statements or transcriptions of verbalstatements by injured person to be delivered to him; copies of subpoenaeddocuments to be provided to other party; disclosure of insurance policylimits.
A. Any person who takes from a person who has sustained a personal injury asigned written statement or voice recording of any statement relative to suchinjury shall deliver to such injured person a copy of such written statementforthwith or a verified typed transcription of such recording within 30 daysfrom the date such statement was given or recording made, when and if thestatement or recording is transcribed or in all cases when requested by theinjured person or his attorney.
B. Unless otherwise ordered for good cause shown, when one party to a civilproceeding subpoenas documents, the subpoenaing party, upon receipt of thesubpoenaed documents, shall, if requested in writing, provide true and fullcopies 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 reasonablecost of copying or reproducing the subpoenaed documents. This provision doesnot apply where the subpoenaed documents are returnable to and maintained bythe clerk of court in which the action is pending.
C. After he gives written notice that he represents an injured person, anattorney, or an individual injured in a motor vehicle accident if he is notrepresented by counsel, may, prior to the filing of a civil action forpersonal injuries sustained as a result of a motor vehicle accident, requestin writing that the insurer disclose the limits of liability of any motorvehicle liability or any personal injury liability insurance policy that maybe applicable to the claim. The requesting party shall provide the insurerwith the date of the motor vehicle accident, the name and last known addressof the alleged tortfeasor, a copy of the accident report, if any, and theclaim number, if available. The requesting party shall also submit to theinsurer the injured person's medical records, medical bills, and wage-lossdocumentation, if applicable, pertaining to the claimed injury. If the totalof all such medical bills and wage losses equals or exceeds $12,500, theinsurer shall respond in writing within 30 days of receipt of the request andshall disclose the limits of liability at the time of the accident of allsuch policies, regardless of whether the insurer contests the applicabilityof the policy to the injured person's claim. Disclosure of the policy limitsunder this section shall not constitute an admission that the alleged injuryor damage is subject to the policy. Information concerning the insurancepolicy is not by reason of disclosure pursuant to this subsection admissibleas evidence at trial.
D. After he gives written notice that he represents the personalrepresentative of the estate of a decedent who died as a result of a motorvehicle accident, an attorney, or the personal representative of the estateof the decedent who died as a result of a motor vehicle accident if he is notrepresented by counsel, may, prior to the filing of a civil action forwrongful death as a result of a motor vehicle accident, request in writingthat the insurer disclose the limits of liability of any motor vehicleliability insurance policy or any personal injury liability insurance policythat may be applicable to the claim. The requesting party shall provide theinsurer with the date of the motor vehicle accident, the name and last knownaddress of the alleged tortfeasor, a copy of the accident report, if any, andthe claim number, if available. The requesting party shall submit to theinsurer the death certificate of the decedent; the certificate ofqualification of the personal representative of the decedent's estate; thenames and relationships of the statutory beneficiaries of the decedent;medical bills, if any, supporting a claim for damages under subdivision 3 of§ 8.01-52; and, if at the time the request is made a claim for damages underclause (i) of subdivision 2 of § 8.01-52 is anticipated, a description of thesource, amount, and payment history of the claimed income loss for eachbeneficiary. The insurer shall respond in writing within 30 days of receiptof the request and shall disclose the limits of liability at the time of theaccident of all such policies, regardless of whether the insurer contests theapplicability of the policy to the personal representative's claim.Disclosure of the policy limits under this section shall not constitute anadmission that the alleged death or other damage is subject to the policy.Information concerning the insurance policy is not by reason of disclosurepursuant to this subsection admissible as evidence at trial.
(Code 1950, § 8-628.2; 1954, c. 390; 1977, c. 617; 2004, c. 345; 2005, c.211; 2008, c. 819; 2010, cc. 354, 435.)