Injury Claims Against Virginia Governments

Can you sue a Virginia county, city, or state agency for an injury?

Sometimes. In Virginia, the answer depends on which government is involved and what it was doing. The Commonwealth and its agencies can be sued for employee negligence under the Virginia Tort Claims Act, subject to a damages limit (Va. Code § 8.01-195.3). Counties share fully in the state's sovereign immunity from tort claims, while cities and towns are immune only for governmental functions, not proprietary ones (Massenburg v. City of Petersburg, Record No. 190071 (Va. Dec. 12, 2019)). Government employees, including drivers, may be personally liable even when their employer is immune.

The Virginia Tort Claims Act expressly does not apply to counties, cities, or towns and does not reduce their sovereign immunity (§ 8.01-195.3). Claims against local governments run on separate rules.

What is the difference between governmental and proprietary functions?

A Virginia city or town performs a governmental function when it exercises powers and duties of government for the general benefit and well-being of its citizens, and it is immune from negligence claims arising from that function; a proprietary function is one exercised primarily for the municipality's own benefit, and immunity does not protect it (Massenburg v. City of Petersburg, Record No. 190071 (Va. Dec. 12, 2019)). When a function is both, the governmental side controls and immunity applies.

The Supreme Court of Virginia's own examples show where the line falls. Operating a fire department and maintaining fire hydrants are governmental, so a city was immune when an inoperable hydrant delayed firefighters (Massenburg). Trash collection is governmental too (Ellis v. Jolley, Record No. 240930 (Va. Dec. 11, 2025)). By contrast, the Court has described the routine operation and maintenance of a municipal water and sewer system as proprietary, including a case where water leaking from city pipes froze on a road and contributed to a collision (Massenburg, discussing earlier decisions). These classifications are fact-specific, and we research the function involved before advising a client.

Can you sue a Virginia government employee who caused a crash?

Often, yes. In Ellis v. Jolley, Record No. 240930 (Va. Dec. 11, 2025), a City of Chesapeake trash truck driver ran a stop sign while driving normally between stops. The Supreme Court of Virginia held that the city itself was immune because trash collection is a governmental function, but the driver was not, because he was engaged in ordinary driving in routine traffic, a ministerial duty of care rather than an act of governmental judgment and discretion.

The Court contrasted that with situations where immunity does attach, such as a police officer in a vehicle pursuit or a firefighter responding to a car fire, and with driving that is an integral part of the government task itself, such as a snowplow spreading salt. Whether a government driver is protected depends on what the driver was doing at the moment of the crash, which makes early investigation essential.

What if the government driver is immune?

Your own auto insurance may still pay. Virginia law treats a vehicle as "uninsured" when its owner or operator is immune from liability for negligence, and your uninsured motorist claim continues against your insurer; a judgment against an immune driver is entered in the name of "Immune Defendant" and is enforceable against the insurer (Va. Code § 38.2-2206(B), (F)). This is one of the most important tools in government vehicle cases, and many people never learn they have it. See Virginia uninsured and underinsured motorist claims.

School buses and public parks

Two statutes change the immunity picture for common situations. Under Virginia's pupil transportation laws, vehicles that carry students must be insured, including uninsured motorist and medical expense coverage (Va. Code § 22.1-190). When a school board or locality owns, operates, or is insured on such a vehicle and it is involved in an accident, the school board or locality can be sued up to the limits of that insurance, and governmental immunity is not a bar to that extent (Va. Code § 22.1-194). Claims of students and school personnel are paid first when several claims arise from one accident.

Parks run the other way. A Virginia city or town that operates a park, recreational facility, or playground is not liable for ordinary negligence in its maintenance or operation, only for gross negligence, and counties receive the same protection in addition to their other immunity (Va. Code § 15.2-1809).

What is the six-month notice rule for Virginia localities?

Every negligence claim against a Virginia county, city, or town is barred unless a written statement of the nature of the claim, including the time and place of the injury, is filed within six months after the claim accrues (Va. Code § 15.2-209(A)). The statement must be filed with the county, city, or town attorney, or with the chief executive or mayor (§ 15.2-209(B)).

• When it counts as filed. Notice is filed when it is received in that official's office, not when it is mailed. It may be delivered by hand, by any form of U.S. mail, or by commercial delivery service (§ 15.2-209(C)).
• Proof of receipt. If the locality contests notice, the claimant must prove receipt. A signed return receipt or other signed and dated acknowledgment from the official's office is prima facie proof (§ 15.2-209(D)).
• Actual knowledge exception. Missing the written statement does not bar the claim if the locality's attorney, chief executive, or mayor, or an insurer or other entity covering the claim, had actual knowledge of the nature of the claim and the time and place of the injury within the six months (§ 15.2-209(A)).
• Disability. If the injured person was under a legal disability when the claim arose, such as being a minor, Virginia's tolling rules apply (§ 15.2-209(A)).

The statute says its provisions are mandatory and strictly construed (§ 15.2-209(G)). It also does not create or expand liability; giving notice preserves a claim, but immunity rules still decide whether the claim can succeed (§ 15.2-209(E)). We do not rely on the actual-knowledge exception when a proper written notice can still be sent.

How do you bring a claim against the Commonwealth of Virginia?

A claim against the Commonwealth under the Virginia Tort Claims Act is barred unless written notice, stating the nature of the claim, the time and place of the injury, and the agency or agencies alleged to be liable, is filed within one year after the claim accrues (Va. Code § 8.01-195.6(A)). The notice goes to the Director of the Division of Risk Management or the Attorney General; if the agency is the Virginia Department of Transportation, it is filed with the Commissioner of Highways (§ 8.01-195.6(B)).

After notice, a lawsuit may be filed once the claim is denied or six months pass without a settlement, and it must be filed within 18 months of the notice or within two years after the claim accrues (Va. Code § 8.01-195.7). Claims over $50,000 must be brought in circuit court, where the parties are entitled to a jury trial, and process is served on the Attorney General (Va. Code § 8.01-195.4).

Recovery is limited to $100,000 for claims accruing on or after July 1, 1993, or the maximum limits of any liability policy maintained to cover the negligence, whichever is greater, not counting interest and costs (§ 8.01-195.3). The Act excludes certain claims entirely, including those based on legislative or judicial functions, and preserves the individual immunity of judges, prosecutors, and other public officers to the extent it already existed.

Metro, federal, and out-of-state government claims

Northern Virginia sits at the meeting point of several governments. Crashes involving Metrorail or Metrobus are governed by WMATA's own compact rules, explained on our WMATA Metro and Metrobus injury claims page. Federal vehicles and property fall under the Federal Tort Claims Act. If the injury happened across the river, see claims against the District of Columbia or injury claims against Maryland governments.

What to do now if a Virginia government may be responsible

• Write down the exact date, time, and location, and which vehicle, building, road, or employee was involved
• Photograph the vehicle's markings and number, or the road or property defect, from several angles
• Identify which government owns the road or property; Northern Virginia roads may belong to VDOT, a county, a city, or a town
• Get the names of employees and witnesses, and the crash report number
• Collect your auto policy declarations pages for UM coverage
• Count six months from the date of injury and treat that as your outside deadline for local notice

We handle government claims arising in Arlington, Alexandria, Fairfax County, Loudoun County, and Prince William County. Our Virginia personal injury lawyers page covers the rest of Virginia injury law.

Related reading

• Can you sue a Virginia city or county for an injury? A ruling shows where the line is
• Suing the government in Virginia: the Tort Claims Act's short deadlines
• School bus crashes in Virginia: sovereign immunity and insurance
• Fines v. RACSB: a Virginia ruling on community services boards and sovereign immunity
• DMV Injury Guide: injured by a government vehicle, on Metro, or on public property
• DMV Injury Guide: why you should talk to a lawyer early

Responsible attorneys: Ryan C. Posey and Jacob M. Lebowitz. Posey Lebowitz PLLC, 3221 M Street NW, Washington, DC 20007.