Disclaimer: This article provides general information about Virginia law. It does not constitute legal advice. Always consult a qualified attorney about your specific situation.
Detailed Answer
When you need to identify which insurer covered the at-fault driver in a Virginia accident, follow these steps:
- Obtain the Official Crash Report: In Virginia, law enforcement or the Virginia State Police prepares the Motor Vehicle Collision Report (Form CSP2). This report typically lists the at-fault driver’s insurance company and policy number. You can request a certified copy online or by mail from the Virginia Department of Motor Vehicles (DMV). See Virginia Code § 46.2-380 and the DMV website: VSP Crash Reports.
- Request Records from DMV: Under Virginia Code § 46.2-380, you may obtain crash reports for civil or criminal proceedings. Submit Form VSP 72 and pay the fee. The report will include insurer details provided by the officer at the scene.
- Review Attached Insurance Verification: Police sometimes attach a copy of the driver’s insurance card or electronic verification from the DMV system to the crash report. That card shows the insurer name, policy number, and effective dates.
- Ask the At-Fault Driver Directly: If you have contact information, send a written request for a copy of their declaration page or insurance card. They must cooperate under Virginia’s insurance regulations.
- Serve Interrogatories or Requests for Production: If you’ve filed a lawsuit against the at-fault driver, you can use civil discovery to compel them to disclose insurer details. Under the Virginia Rules of Civil Procedure, you may send interrogatories or requests for production of documents.
- Check with Your Own Insurer: If you claimed under your uninsured/underinsured motorist (UM/UIM) coverage, your insurer will investigate and may identify the at-fault driver’s carrier to pursue subrogation.
- Consult an Attorney or Private Investigator: An attorney can issue a subpoena to the insurer or investigate public records to uncover the at-fault driver’s insurance details.
Key Virginia statute:
- Virginia Code § 46.2-380 – Release of crash reports for civil or criminal proceedings.
Helpful Hints
- Act promptly: Some records become harder to retrieve over time.
- Verify spelling: Ensure the at-fault driver’s name matches DMV records exactly.
- Keep copies: Always retain a certified copy of your crash report for future reference.
- Document communications: Send written requests via certified mail when asking the driver or their insurer for information.
- Know filing deadlines: Virginia’s statute of limitations for personal injury claims is two years from the accident date (Va. Code § 8.01-243).