A. After written notice of representation by an attorney of an individual injured at the residence of another, such attorney, or an individual injured at the residence of another if such individual is not represented by counsel, may, prior to the filing of a civil action for personal injuries sustained at the residence of another, request in writing that the insurer of the residence disclose the limits of liability of any homeowners insurance policy or any personal injury liability insurance policy that may be applicable to the claim. The requesting party shall provide the insurer with the date the injury was sustained; the address of the residence at which the injury was sustained; the name of the owner of the residence; and the claim number, if available. 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 the injury was sustained 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 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.
§ 8.01-417.01.Disclosure of certain homeowners insurance and personal injury liability insurance policy limits.
Chapter 14. Evidence · Article 9. Miscellaneous Provisions · Last amended 2017 · Last verified July 16, 2026
In one sentenceSection 8.01-417.01 lets an injured person or a decedent’s personal representative demand pre-suit disclosure of a homeowner’s liability insurance policy limits once documented medical bills and wage losses from an injury at someone’s residence reach $12,500, mirroring the motor vehicle disclosure process in § 8.01-417.
Full Text of § 8.01-417.01
B. After written notice of representation by an attorney of the personal representative of the estate of a decedent who died as a result of an injury sustained at the residence of another, such attorney, or the personal representative of the estate of a decedent who died as a result of an injury sustained at the residence of another if such personal representative is not represented by counsel, may, prior to the filing of a civil action for wrongful death as a result of an injury sustained at the residence of another, request in writing that the insurer of the residence disclose the limits of liability of any homeowners insurance policy or any personal injury liability insurance policy that may be applicable to the claim. The requesting party shall provide the insurer with the date the injury was sustained; the address of the residence at which the injury was sustained; the name of the owner of the residence; and the claim number, if available. The requesting party shall also submit to the insurer the death certificate of the decedent; the certificate of qualification of the personal representative of the decedent's estate; the names 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 under clause (i) of subdivision 2 of § 8.01-52 is anticipated, a description of the source, amount, and payment history of the claimed income loss for each beneficiary. The insurer shall respond in writing within 30 days of receipt of the request and shall disclose the limits of liability at the time the injury was sustained of all such policies, regardless of whether the insurer contests the applicability of the policy to the personal representative's claim. Disclosure of the policy limits under this section shall not constitute an admission that the alleged death or other 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.
C. As used in subsections A and B, "insurer" does not include the insurance agency or the insurance agent representing the homeowner as the authorized representative or agent with respect to any homeowners insurance policy or any personal injury liability insurance policy.
Plain-English Summary
This section extends the pre-suit insurance disclosure scheme of § 8.01-417 from car accidents to injuries at someone else’s home. After giving written notice of representation, an attorney — or an unrepresented injured person, or a decedent’s personal representative — can ask the homeowner’s insurer to disclose the policy limits of any homeowners or personal injury liability policy that might cover the claim.
The requesting party has to submit supporting documentation along with the request: the date and address of the injury and the owner’s name, plus medical records, bills, and wage-loss documentation, or, for a wrongful death claim, the death certificate, the personal representative’s certificate of qualification, and information about the beneficiaries and any income-loss claim. Once the medical bills and wage losses reach $12,500, the insurer has 30 days to disclose the limits that applied when the injury happened, regardless of whether it disputes coverage.
As with the motor vehicle version, disclosure does not amount to an admission that the policy covers the injury, and the information about the policy cannot be used as evidence at trial. And “insurer” here excludes the insurance agent or agency representing the homeowner.
Frequently Asked Questions
Can I find out a homeowner’s insurance policy limits before suing over an injury at their house?
Yes, after giving the insurer written notice of representation and submitting supporting documentation, once medical bills and wage losses reach $12,500.
What documentation must be submitted with a homeowners policy-limits request?
The date and address of the injury, the residence owner’s name, the claim number if available, and the injured person’s medical records, bills, and wage-loss documentation.
Does this disclosure requirement apply to wrongful death claims arising from an injury at a residence?
Yes, with additional documentation required — the death certificate, the personal representative’s certificate of qualification, and information about the statutory beneficiaries and any claimed income loss.
How long does the homeowner’s insurer have to respond?
Thirty days from receipt of a complete request.
Does disclosing the policy limits admit that the policy covers the claim?
No. Disclosure under this section is not an admission of coverage, and information about the policy is not admissible as evidence at trial.
Amendment History
2017, c. 44.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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