Chapter 3. Actions · Article 18.1. Tort Claims Against the Commonwealth of Virginia · Last amended 1991 · Last verified July 16, 2026
Section 8.01-195.8 attaches a string to every payment made under the Virginia Tort Claims Act. Before the claimant can collect, whether on a negotiated settlement or a judgment, the Commonwealth or transportation district conditions payment on the claimant signing a release. That release gives up all claims connected to, or arising out of, the same occurrence — not just against the Commonwealth itself, but against its political subdivisions, agencies, and instrumentalities, or against the transportation district, and against any officer or employee of the Commonwealth or district involved in the underlying event.
The effect is to close the door completely once a claimant accepts payment. A person cannot recover under this article and then bring a separate suit later against an individual employee, a different agency, or the district over the same incident — the release forecloses every one of those avenues in exchange for the payment received.
Yes. Section 8.01-195.8 makes payment of any claim or judgment under this article conditional on the claimant executing a release of further claims.
All claims connected to or arising out of the same occurrence, against the Commonwealth, its political subdivisions, agencies, and instrumentalities, or against the transportation district involved.
Both. The release also covers any officer or employee of the Commonwealth or the transportation district connected with the occurrence, not just the government entity itself.
No. Section 8.01-195.8 makes the release a condition of liability for any claim or judgment cognizable under this article.
Yes. The release requirement covers claims against a transportation district and its officers or employees just as it covers claims against the Commonwealth.
1981, c. 449; 1986, c. 584; 1991, c. 23.