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Ocean Side Appraisals

Insurance appraisal in Virginia

Virginia writes the standard fire policy into statute and adds two provisions of its own: the circuit court appoints the umpire when the appraisers cannot agree, and every appraiser and umpire must swear an oath that they are not employed by or related to either party.

Clause written into state law Va. Code § 38.2-2105; § 38.2-2121; § 38.2-2122

At a glance

Name an appraiser
Twenty days after the written demand.
Choose an umpire
Fifteen days; then either party may apply to the circuit court where the property sits to appoint a competent and disinterested umpire (§ 38.2-2121).
If they cannot agree
The circuit court for the county or city where the property is located, on application of either party.
Suit deadline paused?
No. Demanding appraisal does not pause the deadline to sue under the policy. Note that deadline before you demand appraisal.
Licensing
No license, but Va. Code § 38.2-2122 requires each appraiser and the umpire to take an oath that they are not employed by, and not related to, either party.

The clock

  1. Day 0 Written demand Either party. Certified mail.
  2. By day 20 Appraisers named 20 days for each side
  3. By day 35 Umpire chosen 15 days, or a judge appoints
  4. On site Inspection Both estimates, line by line
  5. The award Award signed Any two of three
  6. After filing Payment Commonly within 60 days

Appraisal in Virginia begins with a written demand from one party to the other. The deadlines in the table above run from that demand: first the period to name an appraiser, then the period for the two appraisers to agree on an umpire. Send the demand by certified mail with return receipt, and keep a copy with the policy.

Once the panel is complete, the appraisers inspect the property, prepare their estimates and work through the differences line by line. Only what they cannot settle goes to the umpire.

On the deadline to sue: No. Demanding appraisal does not pause the deadline to sue under the policy. Note that deadline before you demand appraisal.

What the panel decides

Amount of loss. Appraisers do not decide whether the policy covers the loss, interpret policy language, or rule on bad faith. Those questions stay with the courts.

Everywhere, including Virginia, the panel leaves alone whether the policy covers the loss, how the policy language is read, and whether the carrier acted in bad faith. Those are for the courts. An award that strays into them is the one most likely to be set aside.

Who may serve

No license, but Va. Code § 38.2-2122 requires each appraiser and the umpire to take an oath that they are not employed by, and not related to, either party.

Whatever the statute says, the policy standard is the one that decides most challenges: an appraiser must be competent and impartial, or in some forms disinterested. The contractor who will do the work, a public adjuster paid a share of the claim, or anyone employed by a party does not meet it. We are paid a flat fee for that reason.

The award

Binding as the contract provides. Appraisal is not arbitration in Virginia, so the Uniform Arbitration Act cannot be used to modify an award (Church Mutual Ins. Co. v. Ephesus Richmond SDA Church, Va. Ct. App. 2025).

Points particular to Virginia

Virginia follows the common form without notable departures. The general guide to how appraisal works applies as written.

Common losses in Virginia

The disputes we see most often in Virginia arise from:

  • Hurricane and tropical storm
  • Wind and hail
  • Water and burst pipes
  • Winter storm

Flood is insured separately, usually through the National Flood Insurance Program, under federal rules rather than Virginia's. Its appraisal clause settles price only, and its deadlines are its own. How a flood claim works

Authorities

Statutes, regulations and case law change. This page was reviewed against official sources in October 2026 and describes the general rule; it is not legal advice about your claim.

Questions about appraisal in Virginia

Does my Virginia homeowners policy have an appraisal clause?

Almost certainly.

In Virginia the appraisal clause is written into state law (Va. Code § 38.2-2105; § 38.2-2121; § 38.2-2122), so fire and homeowners policies must include it. You will find it under the policy's conditions, usually under the heading Appraisal.

How long do we have to name an appraiser in Virginia?

Twenty days after the written demand.

Who chooses the umpire in Virginia if the appraisers cannot agree?

The circuit court for the county or city where the property is located, on application of either party.

Can the appraisers decide whether my loss is covered in Virginia?

Amount of loss.

Appraisers do not decide whether the policy covers the loss, interpret policy language, or rule on bad faith. Those questions stay with the courts.

Does demanding appraisal pause the deadline to sue in Virginia?

No. Demanding appraisal does not pause the deadline to sue under the policy.

Note that deadline before you demand appraisal.

Do appraisers need a license in Virginia?

No license, but Va.

Code § 38.2-2122 requires each appraiser and the umpire to take an oath that they are not employed by, and not related to, either party.

Nearby: Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, West Virginia

Before you decide anything

Has a claim in Virginia stalled?

Tell us what happened and what the carrier has said so far. We know the Virginia rules, we will read the policy, and we will tell you plainly whether appraisal fits.

When you write to us

  1. 1. We read your policy, the carrier’s estimate, and the letters that came with it.
  2. 2. We tell you plainly whether appraisal fits your disagreement, and if it does not, who can help.
  3. 3. If it fits, you have the fee in writing before anything starts.
How we work, and what it costs