Virginia Notice of Claim Against Government

Introduction

Key Things to Know

1. 1

   The deadline is strict. Virginia runs two different clocks from the date the cause of action accrued: 1 year for a claim against the Commonwealth or a transportation district (Va. Code 8.01-195.6), and only 6 months for a negligence claim against a county, city or town (Va. Code 15.2-209). Read the statute or contact the entity's risk management or attorney's office to confirm the current rule.

2. 2

   State track: the notice goes to the Director of the Division of Risk Management or the Attorney General. A claim against the Virginia Department of Transportation goes to the Commissioner of Highways, and a claim against a transportation district goes to the chairman of its commission (8.01-195.6(B)).

3. 3

   Local track: the notice goes to the county, city or town attorney, or to the chief executive or mayor (15.2-209(B)).

4. 4

   On both tracks the notice may be delivered by hand, by any form of U.S. mail (regular, certified, registered or overnight) or by commercial delivery service, and it is deemed filed when received. The Commissioner of Highways may also accept electronic delivery as it prescribes (8.01-195.6(C); 15.2-209(C)).

5. 5

   The notice is a written statement of the nature of the claim, including the time and place the injury is alleged to have occurred. A state claim also names the agency or agencies alleged to be liable.

6. 6

   A state claim can go to suit once the Attorney General or the Risk Management Director denies it, or after 6 months from the notice unless the claim was compromised. Suit must be commenced within 18 months of filing the notice, or within 2 years after the cause of action accrues (8.01-195.7).

7. 7

   Missing the written notice does not bar the claim if the right office or insurer had actual knowledge of the claim's nature, time and place within the same 1-year (state) or 6-month (local) period (8.01-195.6(A); 15.2-209(A)). Do not rely on that exception when a written notice can still be filed on time.

Virginia Requirements for Notice of Claim

• State Claim Notice Deadline

  Va. Code 8.01-195.6(A): notice of a claim against the Commonwealth or a transportation district is due within 1 year after the cause of action accrued.

• Local Claim Notice Deadline

  Va. Code 15.2-209(A): notice of a negligence claim against a county, city or town is due within 6 months after the cause of action accrued.

• Recipients

  State: Director of the Division of Risk Management or the Attorney General; VDOT: Commissioner of Highways; transportation district: chairman of its commission (8.01-195.6(B)). Local: the locality's attorney, or its chief executive or mayor (15.2-209(B)).

• Delivery and Filing Date

  Hand, any form of U.S. mail or commercial delivery service; deemed filed when received. The Commissioner of Highways may accept electronic delivery as prescribed (8.01-195.6(C); 15.2-209(C)).

• Required Contents

  State the nature of the claim and the time and place the injury is alleged to have occurred. A state claim also names the agency or agencies alleged to be liable.

• State Claim Suit Timing

  Va. Code 8.01-195.7: suit may follow denial, or 6 months after the notice unless the claim was compromised; it must be commenced within 18 months of the notice or 2 years after accrual.

• Actual Knowledge Exception

  A missing written statement does not bar the claim if the listed office or insurer had actual knowledge of its nature, time and place within the same notice period (8.01-195.6(A); 15.2-209(A)).

• State Damages Limit

  Va. Code 8.01-195.3: $100,000 or the applicable liability policy limits, whichever is greater, exclusive of interest and costs; no punitive damages or pre-judgment interest against the Commonwealth.

• Disability Tolling

  Both notice statutes apply Va. Code 8.01-229 tolling if the claimant was under a disability at accrual, including the period of minority unless emancipated.