                                 CODE OF VIRGINIA

NOTICE TO BE GIVEN TO COUNTIES, CITIES, AND TOWNS OF TORT CLAIMS FOR DAMAGES (§
15.2-209)

A. Every claim cognizable against any county, city, or town for negligence 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, within six
months after such cause of action accrued. Failure to provide such statement
shall not bar a claim against any county, city, or town, provided that the
attorney, chief executive, or mayor of such locality, or any insurer or entity
providing coverage or indemnification of the claim, had actual knowledge of the
claim, which includes the nature of the claim and the time and place at which
the injury is alleged to have occurred, within six months 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 &#xA7; 8.01-229 shall apply.

B. The statement shall be filed with the county, city, or town attorney or with
the chief executive or mayor of the county, city, or town.

C. 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.

D. 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.

E. This section does not, and shall not be construed to, abrogate, limit, expand
or modify the sovereign immunity of any county, city, town, or any officer,
agent or employee of the foregoing.

F. This section, on and after June 30, 1954, shall take precedence over the
provisions of all charters and amendments thereto of municipal corporations in
conflict herewith granted prior to such date. It is further declared that as to
any such charter or amendment thereto, granted on and after such date, that any
provision therein in conflict with this section shall be deemed to be invalid as
being in conflict with Article IV, Section 12 of the Constitution of Virginia
unless such conflict be stated in the title to such proposed charter or
amendment thereto by the words &#8220;conflicting with &#xA7; 15.2-209 of the
Code&#8221; or substantially similar language.

G. The provisions of this section are mandatory and shall be strictly construed.
This section is procedural and compliance with its provisions is not
jurisdictional.

HISTORY: 2007, c. 368; 2016, c. 772.