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Virginia: the five-year rule and what it means for you

Virginia's underwriting conventions differ from the District and Maryland in a way that changes the advice I give.

What is different?

The timeframes. In Virginia the experience period is five years for surcharge and rating purposes, and carriers look back seven years when assessing eligibility. In DC and Maryland the equivalent surcharge period is three years.

Virginia carriers have also become considerably stricter in their underwriting since the market tightened, which makes the longer look-back more consequential than it used to be.

How does that change what I should do?

It raises the bar for filing. If a claim in Maryland buys you three years of surcharge, the same claim in Virginia buys five. The threshold below which filing is a poor decision therefore sits higher, and I am correspondingly more cautious advising clients in Arlington, McLean, Alexandria and Fairfax on marginal losses.

It also affects planning. If a household has been declined because of claims activity, the wait before preferred carriers will reconsider is longer. I would rather set that expectation honestly at the outset than leave someone expecting a solution that is a couple of years away.

Is there anything better about Virginia?

Yes — loss of use is generally strong. On the policies I place there, loss of use runs two years with no dollar limit, which is materially better than a capped benefit and matters enormously in a total loss.

What I recommend

  1. Assume five years, not three, when weighing whether to file.
  2. Carry a higher deductible in Virginia than you might elsewhere — it is worth more here.
  3. If you have been declined for claims activity, ask me when the record actually clears.
  4. Check your loss of use terms; it is one of the better features of the market.

The short version

Virginia runs five years for surcharge and rating and seven years for eligibility, which raises the bar for filing any marginal claim. Loss of use is generally strong there, typically two years with no dollar limit. If you have been declined for claims activity in Virginia, ask when the record actually clears rather than assuming it is the same three years as elsewhere.

If you have any questions, feel free to reach out at any time.

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