{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-195.6.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-195.6.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-195.6.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-195.6.html"}],"law_id":87294,"edition_id":1,"section_id":87294,"structure_id":14469,"section_number":"8.01-195.6","catch_line":"Notice of claim","history":"1981, c. 449; 1984, cc. 638, 698; 1986, c. 584; 1991, c. 23; 1992, c. 796; 2002, c. 207; 2007, c. 368; 2016, cc. 760, 772.","full_text":"A\n\nEvery claim cognizable against the Commonwealth or a transportation district shall be forever barred unless the claimant or his agent, attorney or representative has filed a written statement of the nature of the claim, which includes the time and place at which the injury is alleged to have occurred and the agency or agencies alleged to be liable, within one year after such cause of action accrued. Failure to provide such statement shall not bar a claim against the Commonwealth or a transportation district, provided that (i) for claims against the Commonwealth, the Division of Risk Management or any insurer or entity providing coverage or indemnification of the claim or the Attorney General or (ii) for claims against a transportation district, the chairman of the commission of the transportation district, had actual knowledge of the claim, which includes the nature of the claim, the time and place at which the injury is alleged to have occurred, and the agency or agencies alleged to be liable, within one year after such cause of action accrued. However, if the claimant was under a disability at the time the cause of action accrued, the tolling provisions of § 8.01-229 shall apply.B\n\nIf the claim is against the Commonwealth, the statement shall be filed with the Director of the Division of Risk Management or the Attorney General, except as otherwise provided herein. If the claim is against a transportation district, the statement shall be filed with the chairman of the commission of the transportation district. If the claim is against the Commonwealth and the agency alleged to be liable is the Department of Transportation, then notice of such claim shall be filed with the Commissioner of Highways. If notice of such claim is filed with the Commissioner of Highways and is outside of any settlement authority delegated to the Department of Transportation by the Attorney General, then the Commissioner of Highways shall promptly deliver the notice of such claim to the Attorney General.C\n\nThe notice is deemed filed when it is received in the office of the official to whom the notice is directed. The notice may be delivered by hand, by any form of United States mail service (including regular, certified, registered or overnight mail), or by commercial delivery service. If notice is to be filed with the Commissioner of Highways, it may also be delivered electronically in a manner prescribed by the Commissioner of Highways.D\n\nIn any action contesting the filing of the notice of claim, the burden of proof shall be on the claimant to establish receipt of the notice in conformity with this section. A signed United States mail return receipt indicating the date of delivery, or any other form of signed and dated acknowledgment of delivery given by authorized personnel in the office of the official with whom the statement is filed, shall be prima facie evidence of filing of the notice under this section.E\n\nClaims against the Commonwealth involving medical malpractice shall be subject to the provisions of this article and to the provisions of Chapter 21.1 (§ 8.01-581.1 et seq.). However, the recovery in such a claim involving medical malpractice shall not exceed the limits imposed by § 8.01-195.3.","order_by":null,"text":{"0":{"id":312606,"text":"Every claim cognizable against the Commonwealth or a transportation district shall be forever barred unless the claimant or his agent, attorney or representative has filed a written statement of the nature of the claim, which includes the time and place at which the injury is alleged to have occurred and the agency or agencies alleged to be liable, within one year after such cause of action accrued. Failure to provide such statement shall not bar a claim against the Commonwealth or a transportation district, provided that (i) for claims against the Commonwealth, the Division of Risk Management or any insurer or entity providing coverage or indemnification of the claim or the Attorney General or (ii) for claims against a transportation district, the chairman of the commission of the transportation district, had actual knowledge of the claim, which includes the nature of the claim, the time and place at which the injury is alleged to have occurred, and the agency or agencies alleged to be liable, within one year after such cause of action accrued. However, if the claimant was under a disability at the time the cause of action accrued, the tolling provisions of § 8.01-229 shall apply.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":312607,"text":"If the claim is against the Commonwealth, the statement shall be filed with the Director of the Division of Risk Management or the Attorney General, except as otherwise provided herein. If the claim is against a transportation district, the statement shall be filed with the chairman of the commission of the transportation district. If the claim is against the Commonwealth and the agency alleged to be liable is the Department of Transportation, then notice of such claim shall be filed with the Commissioner of Highways. If notice of such claim is filed with the Commissioner of Highways and is outside of any settlement authority delegated to the Department of Transportation by the Attorney General, then the Commissioner of Highways shall promptly deliver the notice of such claim to the Attorney General.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":312608,"text":"The notice is deemed filed when it is received in the office of the official to whom the notice is directed. The notice may be delivered by hand, by any form of United States mail service (including regular, certified, registered or overnight mail), or by commercial delivery service. If notice is to be filed with the Commissioner of Highways, it may also be delivered electronically in a manner prescribed by the Commissioner of Highways.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":312609,"text":"In any action contesting the filing of the notice of claim, the burden of proof shall be on the claimant to establish receipt of the notice in conformity with this section. A signed United States mail return receipt indicating the date of delivery, or any other form of signed and dated acknowledgment of delivery given by authorized personnel in the office of the official with whom the statement is filed, shall be prima facie evidence of filing of the notice under this section.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":312610,"text":"Claims against the Commonwealth involving medical malpractice shall be subject to the provisions of this article and to the provisions of Chapter 21.1 (§ 8.01-581.1 et seq.). However, the recovery in such a claim involving medical malpractice shall not exceed the limits imposed by § 8.01-195.3.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14469,"edition_id":1,"name":"Tort Claims Against the Commonwealth of Virginia","identifier":"18.1","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:48:14","date_modified":"2026-06-26 03:48:14","permalink":{"id":280153,"object_type":"structure","relational_id":14469,"identifier":"18.1","token":"8.01\/3\/18.1","url":"\/8.01\/3\/18.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12886,"edition_id":1,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":279635,"object_type":"structure","relational_id":12886,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":86997,"structure_id":14469,"section_number":"8.01-195.1","catch_line":"Short title","url":"\/8.01-195.1\/","token":"8.01\/3\/18.1\/8.01-195.1","metadata":false},{"id":86308,"structure_id":14469,"section_number":"8.01-195.2","catch_line":"Definitions","url":"\/8.01-195.2\/","token":"8.01\/3\/18.1\/8.01-195.2","metadata":false},{"id":56248,"structure_id":14469,"section_number":"8.01-195.3","catch_line":"Commonwealth, transportation district or locality liable for damages in certain cases","url":"\/8.01-195.3\/","token":"8.01\/3\/18.1\/8.01-195.3","metadata":false},{"id":65418,"structure_id":14469,"section_number":"8.01-195.4","catch_line":"Jurisdiction of claims under this article; right to jury trial; service on Commonwealth or locality; amending amount of claim","url":"\/8.01-195.4\/","token":"8.01\/3\/18.1\/8.01-195.4","metadata":false},{"id":69702,"structure_id":14469,"section_number":"8.01-195.5","catch_line":"Settlement of certain cases","url":"\/8.01-195.5\/","token":"8.01\/3\/18.1\/8.01-195.5","metadata":false},{"id":87294,"structure_id":14469,"section_number":"8.01-195.6","catch_line":"Notice of claim","url":"\/8.01-195.6\/","token":"8.01\/3\/18.1\/8.01-195.6","metadata":false},{"id":69511,"structure_id":14469,"section_number":"8.01-195.7","catch_line":"Statute of limitations","url":"\/8.01-195.7\/","token":"8.01\/3\/18.1\/8.01-195.7","metadata":false},{"id":72570,"structure_id":14469,"section_number":"8.01-195.8","catch_line":"Release of further claims","url":"\/8.01-195.8\/","token":"8.01\/3\/18.1\/8.01-195.8","metadata":false},{"id":55852,"structure_id":14469,"section_number":"8.01-195.9","catch_line":"Claims evaluation program","url":"\/8.01-195.9\/","token":"8.01\/3\/18.1\/8.01-195.9","metadata":false}],"previous_section":{"id":69702,"structure_id":14469,"section_number":"8.01-195.5","catch_line":"Settlement of certain cases","url":"\/8.01-195.5\/","token":"8.01\/3\/18.1\/8.01-195.5","metadata":false},"next_section":{"id":69511,"structure_id":14469,"section_number":"8.01-195.7","catch_line":"Statute of limitations","url":"\/8.01-195.7\/","token":"8.01\/3\/18.1\/8.01-195.7","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-195.6\/","history_text":"

This law was first created in 1981. The record of its establishment is cataloged in chapter 449 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1981 \u201cActs\u201d aren\u2019t available online. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1984, chapters 638 and 698; in 1986, chapter 584; in 1991, chapter 23; in 1992, chapter 796; in 2002, chapter 207<\/a>; in 2007, chapter 368<\/a>; in 2016, chapters 760<\/a> and 772<\/a>.<\/p>","references":[{"id":65418,"section_number":"8.01-195.4","catch_line":"Jurisdiction of claims under this article; right to jury trial; service on Commonwealth or locality; amending amount of claim","order_by":null,"url":"\/8.01-195.4\/"},{"id":69511,"section_number":"8.01-195.7","catch_line":"Statute of limitations","order_by":null,"url":"\/8.01-195.7\/"}],"refers_to":[{"id":56248,"section_number":"8.01-195.3","catch_line":"Commonwealth, transportation district or locality liable for damages in certain cases","order_by":null,"url":"\/8.01-195.3\/"},{"id":64704,"section_number":"8.01-229","catch_line":"Suspension or tolling of statute of limitations; effect of disabilities; effect of death; injunction; prevention of service by defendant; dismissal, nonsuit or abatement; devise for payment of debts; new promises; debts proved in creditors' suits","order_by":null,"url":"\/8.01-229\/"},{"id":79489,"section_number":"8.01-581.1","catch_line":"Definitions","order_by":null,"url":"\/8.01-581.1\/"}],"permalink":{"id":280175,"object_type":"law","relational_id":87294,"identifier":"8.01-195.6","token":"8.01\/3\/18.1\/8.01-195.6","url":"\/8.01-195.6\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-195.6\/","token":"8.01\/3\/18.1\/8.01-195.6","dublin_core":{"Title":"Notice of claim","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-195.6","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Every claim cognizable against the Commonwealth or a transportation district shall be forever barred unless the claimant or his agent, attorney or representative has filed a written statement of the nature of the claim, which includes the time and place at which the injury is alleged to have occurred and the agency<\/span> or agencies alleged to be liable, within one year after such cause of action<\/span> accrued. Failure to provide such statement shall not bar a claim against the Commonwealth or a transportation district, provided that (i) for claims against the Commonwealth, the Division of Risk Management or any insurer or entity providing coverage or indemnification of the claim or the Attorney General<\/span> or (ii) for claims against a transportation district, the chairman of the commission of the transportation district, had actual knowledge of the claim, which includes the nature of the claim, the time and place at which the injury is alleged to have occurred, and the agency<\/span> or agencies alleged to be liable, within one year after such cause of action<\/span> accrued. However, if the claimant was under a disability at the time the cause of action<\/span> accrued, the tolling provisions of § 8.01-229<\/a> shall apply. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the claim is against the Commonwealth, the statement shall be filed with the Director of the Division of Risk Management or the Attorney General<\/span>, except as otherwise provided herein. If the claim is against a transportation district, the statement shall be filed with the chairman of the commission of the transportation district. If the claim is against the Commonwealth and the agency<\/span> alleged to be liable is the Department of Transportation, then notice of such claim shall be filed with the Commissioner of Highways. If notice of such claim is filed with the Commissioner of Highways and is outside of any settlement<\/span> authority delegated to the Department of Transportation by the Attorney General<\/span>, then the Commissioner of Highways shall promptly deliver the notice of such claim to the Attorney General<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The notice is deemed filed when it is received in the office of the official to whom the notice is directed. The notice may be delivered by hand, by any form of United States mail service (including regular, certified, registered or overnight mail), or by commercial delivery service. If notice is to be filed with the Commissioner of Highways, it may also be delivered electronically in a manner prescribed by the Commissioner of Highways. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In any action contesting the filing of the notice of claim, the burden of proof<\/span> shall be on the claimant to establish receipt of the notice in conformity with this section. A signed United States mail return receipt indicating the date of delivery, or any other form of signed and dated acknowledgment of delivery given by authorized personnel in the office of the official with whom the statement is filed, shall be prima facie evidence<\/span> of filing of the notice under this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Claims against the Commonwealth involving medical malpractice shall be subject to the provisions of this article and to the provisions of Chapter 21.1 (§ 8.01-581.1<\/a> et seq.). However, the recovery in such a claim involving medical malpractice shall not exceed the limits imposed by § 8.01-195.3<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNOTICE OF CLAIM (\u00a7 8.01-195.6)\n\nA. Every claim cognizable against the Commonwealth or a transportation district\nshall be forever barred unless the claimant or his agent, attorney or\nrepresentative has filed a written statement of the nature of the claim, which\nincludes the time and place at which the injury is alleged to have occurred and\nthe agency or agencies alleged to be liable, within one year after such cause of\naction accrued. Failure to provide such statement shall not bar a claim against\nthe Commonwealth or a transportation district, provided that (i) for claims\nagainst the Commonwealth, the Division of Risk Management or any insurer or\nentity providing coverage or indemnification of the claim or the Attorney\nGeneral or (ii) for claims against a transportation district, the chairman of\nthe commission of the transportation district, had actual knowledge of the\nclaim, which includes the nature of the claim, the time and place at which the\ninjury is alleged to have occurred, and the agency or agencies alleged to be\nliable, within one year after such cause of action accrued. However, if the\nclaimant was under a disability at the time the cause of action accrued, the\ntolling provisions of § 8.01-229 shall apply.\n\nB. If the claim is against the Commonwealth, the statement shall be filed with\nthe Director of the Division of Risk Management or the Attorney General, except\nas otherwise provided herein. If the claim is against a transportation district,\nthe statement shall be filed with the chairman of the commission of the\ntransportation district. If the claim is against the Commonwealth and the agency\nalleged to be liable is the Department of Transportation, then notice of such\nclaim shall be filed with the Commissioner of Highways. If notice of such claim\nis filed with the Commissioner of Highways and is outside of any settlement\nauthority delegated to the Department of Transportation by the Attorney General,\nthen the Commissioner of Highways shall promptly deliver the notice of such\nclaim to the Attorney General.\n\nC. The notice is deemed filed when it is received in the office of the official\nto whom the notice is directed. The notice may be delivered by hand, by any form\nof United States mail service (including regular, certified, registered or\novernight mail), or by commercial delivery service. If notice is to be filed\nwith the Commissioner of Highways, it may also be delivered electronically in a\nmanner prescribed by the Commissioner of Highways.\n\nD. In any action contesting the filing of the notice of claim, the burden of\nproof shall be on the claimant to establish receipt of the notice in conformity\nwith this section. A signed United States mail return receipt indicating the\ndate of delivery, or any other form of signed and dated acknowledgment of\ndelivery given by authorized personnel in the office of the official with whom\nthe statement is filed, shall be prima facie evidence of filing of the notice\nunder this section.\n\nE. Claims against the Commonwealth involving medical malpractice shall be\nsubject to the provisions of this article and to the provisions of Chapter 21.1\n(§ 8.01-581.1 et seq.). However, the recovery in such a claim involving\nmedical malpractice shall not exceed the limits imposed by § 8.01-195.3.\n\nHISTORY: 1981, c. 449; 1984, cc. 638, 698; 1986, c. 584; 1991, c. 23; 1992, c.\n796; 2002, c. 207; 2007, c. 368; 2016, cc. 760, 772.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}