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2010 SESSION
10104104DBe it enacted by the General Assembly of Virginia:
1. That § 8.01-417 of the Code of Virginia is amended and reenacted as follows:
§ 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.
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, or the personal representative of a deceased
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 or wrongful
death 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. 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, a copy of the
accident report, if any, and the claim number, if available. The requesting
party shall also submit to the insurer the injured or
deceased person's medical records, medical bills, and wage-loss documentation,
if applicable, and death
certificate, if applicable, all pertaining to the claimed
injury or death. If the total of all
such medical bills and wage losses equals or exceeds $12,500, or if death occurred,
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. Disclosure of the policy limits under
this section shall not constitute an admission that the
alleged injury, wrongful death,
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.