                                 CODE OF VIRGINIA

NOTICE OF CLAIM (§ 8.01-195.6)

A. 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 &#xA7; 8.01-229 shall apply.

B. 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.

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. 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. 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. Claims against the Commonwealth involving medical malpractice shall be
subject to the provisions of this article and to the provisions of Chapter 21.1
(&#xA7; 8.01-581.1 et seq.). However, the recovery in such a claim involving
medical malpractice shall not exceed the limits imposed by &#xA7; 8.01-195.3.

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.