The Virginia Appraisal Clause Playbook
Virginia courts consistently enforce the auto-policy appraisal clause as written: a written demand triggers a two-appraiser process, and if those two disagree, a neutral umpire decides ACV. Virginia auto policies include the standard binding appraisal clause. See 14 VAC 5-400-50 (Unfair Claim Settlement Practices)..
Where to send the demand
Send the written demand by certified mail with return receipt to the claims address on your declarations page. Cc the adjuster by email so there is a same-day timestamp. In Virginia, keep a parallel copy ready for the Department of Insurance (1-877-310-6560) — you do not have to file it, but having it prepared accelerates carrier responses.
Umpire selection in Virginia
Umpire selection in Virginia is typically a phone call between the two appraisers from a short list of mutually-trusted names. Court appointment is rare and is reserved for cases where one side refuses to cooperate.
Timeline expectations
Most 35-day timeline: 1–3 days for the carrier to acknowledge the demand, 7–10 days to name their appraiser, 5–10 days for both appraisers to exchange numbers, and 5–14 days for either an agreement or umpire selection. Payment usually clears within 30 days of the signed award.
Who pays what
You pay your own appraiser. The carrier pays its appraiser. The umpire's fee — typically $400–$900 for a single-vehicle ACV decision — is split 50/50. Independent appraiser fees range $300–$600. Auto ACV's $1,000 minimum recovery guarantee means if we cannot beat the carrier's offer by at least $1,000, you owe us nothing.
Two tactics that move Virginia carriers fastest
- Name your appraiser in the same letter that invokes the clause. This compresses 5–10 days of back-and-forth into one mailing.
- If the carrier delays naming its appraiser past 14 days, send a follow-up letter referencing the state's unfair claims settlement statute. That single letter often produces a name within 48 hours.
Three pitfalls that void or weaken the clause in Virginia
- Forgetting that the appraisal award is binding on ACV only — it does not resolve coverage disputes, salvage retention, or who is at fault.
- Accepting the carrier's first written offer in any form (signed release, electronic acceptance, deposited check). Once accepted, the appraisal clause is waived.
- Letting the carrier choose the umpire unilaterally. Umpire selection is mutual; if the carrier names one without your agreement, refuse and propose three alternatives.
Virginia appraisal-clause demand letter (copy-ready)
Replace bracketed fields with your claim details. Send certified mail with return receipt to the claims address on your declarations page. Cites 14 VAC 5-400-50 (Unfair Claim Settlement Practices)..
[Date]
[Carrier name]
[Claims address from your declarations page]
Re: Claim No. [your claim number]
Policy No. [your policy number]
Insured: [your name]
Loss date: [date]
Loss location: Virginia Beach, VA
To Whom It May Concern:
Pursuant to the appraisal provision of the auto policy referenced
above, and consistent with 14 VAC 5-400-50 (Unfair Claim Settlement Practices)., I am hereby invoking the
appraisal clause to determine the actual cash value of my totaled
vehicle.
I have appointed [appraiser name, license, contact] as my appraiser.
Please identify your appraiser within ten (10) business days of receipt
of this letter so that the appraisal may proceed. If the two appraisers
cannot agree, they shall jointly select a competent and disinterested
umpire as the policy provides.
This letter is sent by certified mail with return receipt requested.
All further communications regarding ACV should be in writing.
Sincerely,
[Your name]
[Address, phone, email]This template is a starting point, not legal advice. We'll send a tailored demand on your behalf as part of every Auto ACV engagement in Virginia.