In Virginia, the other driver's insurer denied or lowballed my car claim. What can I ask it to give me in writing?

Car insuranceAppealVirginiaChecked Nov 6, 2026

From K.Actuary, founded by Sangmin Kwon, ASA · sources checked 2026-11-06 · Source: Virginia Administrative Code · 14VAC5-400-70 (Claims settlement standards applicable to all insurers) · A, B · 14VAC5-400-70 A–B View original ↗

In short

In Virginia, an insurer must put a claim denial in writing.
It must give a reason, and point to the policy part, if any.
For auto claims, it must give you a copy of its repair estimate.

What this means

This answer uses Virginia Bureau of Insurance rules only. The rules say a "claimant" can be a person who makes a claim against someone else's policy. A denial must be in writing. The insurer must give a reasonable written reason and point to a policy provision, condition, or exclusion, if any.

For auto claims, the insurer must give you a copy of its repair estimate. It must give you a total loss valuation if you ask. The sources do not say these rules give you a right to a certain dollar amount.

Your next step

Ask the insurer in writing for its denial reason, its estimate copy, and, for a total loss, the valuation. The sources do not give a deadline for the insurer to answer that request.

Check it yourself

Open 14VAC5-400-70 and 14VAC5-400-80 and read the paragraphs quoted above.

Where this comes from (3)

[1] Virginia Administrative Code · 14VAC5-400-70 (Claims settlement standards applicable to all insurers) · A, B · 14VAC5-400-70 A–B · checked 2026-11-06
A. Any denial of a claim shall be given to a claimant in writing and the claim file of the insurer shall contain a copy of the denial. B. An insurer shall provide a reasonable written explanation of the basis for any claim denial. The written explanation shall provide a specific reference to a policy provision, condition, or exclusion, if any.
[2] Virginia Administrative Code · 14VAC5-400-80 (Automobile insurance) · D · 14VAC5-400-80 D · checked 2026-11-06
D. When an insurer prepares an estimate of the cost of automobile repairs, the estimate shall be an amount for which the damage may reasonably be expected to be satisfactorily repaired. The insurer shall give a copy of the estimate to the claimant and may furnish to the claimant the names of one or more conveniently located qualified repair shops. A total loss valuation shall be provided to the claimant upon request.
[3] Virginia Administrative Code · 14VAC5-400-20 (Definitions) · 14VAC5-400-20 · checked 2026-11-06
Claimant" means a first party claimant, a third party claimant, a designated legal representative, or a member of the claimant's immediate family designated by the claimant.

How we found this

We matched your question to 3 official sources, quoted the exact lines, and re-checked each quote against its source on 2026-11-06.

What we don’t know yet

Your own plan or notice may say something different. If your letter cites another rule, send it and we will look again.

Every answer is checked against the official rule it quotes.

Information only — not legal advice. Your plan, insurer or agency decides.

This answer quotes the official sources listed above, with the date we checked them. Your own policy, notice and state rules control. We are not your lawyer or your insurer. We don’t file, argue or negotiate claims for you — you send any letter or form yourself.

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