If I am rear-ended, how do I find out the insurance policy limits of the driver who hit me? Well, there is good news.
In 2015 and 2016, the Virginia General Assembly passed a law §8.01-417 and subsequent amendments to it that are quite useful. The code reads in part:
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’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’s medical records, medical bills, and wage-loss documentation, if applicable, pertaining to the claimed injury. If the total of the medical bills and wage losses submitted equals or exceeds $12,500, 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’s claim, and the insured’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.
This means that your attorney or you can send a letter to the car insurance company of the driver who rear-ended you with the following information:
- date of the motor vehicle accident
- name of the person who rear-ended you
- last known physical address of the person who rear-ended you
- a copy of the police accident report (if any)
- claim number (if available)
- your request for the limits of any motor vehicle liability OR personal injury liability insurance policy applicable to the claim
- all medical records
- all medical bills
- wage loss documentation (if applicable and pertaining to the injury)
So long as the total of the medical bills and wage losses submitted equals to or is greater than $12,500.00, the insurance company must respond in writing within 30 days and disclose the limits of liability at the time of the accident.
If you have questions about your accident or have been rear-ended with a claim for personal injury, please call the lawyers at Winslow & McCurry, PLLC at (804) 423-1382.
