Any person transported by the owner or operator of any motor vehicle as a guest without payment for such transportation and any personal representative of any such guest so transported shall be entitled to recover damages against such owner or operator for death or injuries to the person or property of such guest resulting from the negligent operation of such motor vehicle. However, this statute does not limit any defense otherwise available to the owner or operator.
§ 8.01-63.Liability for death or injury to guest in motor vehicle.
Chapter 3. Actions · Article 7. Motor Vehicle Accidents · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-63 gives an unpaying motor vehicle guest passenger, and that guest’s personal representative, the right to recover damages against the vehicle’s owner or operator for death or injury resulting from negligent operation, without cutting off any other defense the owner or operator might otherwise raise.
Full Text of § 8.01-63
Plain-English Summary
Section 8.01-63 opens Article 7’s motor vehicle accident provisions by settling a question that once turned on Virginia’s older guest-passenger rules: a person riding as a guest, without paying for the transportation, can recover ordinary negligence damages against the vehicle’s owner or operator. The guest, and the guest’s personal representative if the guest dies, may recover for death or for injury to the guest’s person or property resulting from the negligent operation of the vehicle.
The statute preserves the owner’s or operator’s other defenses: recognizing the guest’s right to sue for negligence does not limit any defense that would otherwise be available, such as the guest’s own contributory negligence or a valid release.
Frequently Asked Questions
Can a passenger who did not pay for the ride sue the driver for negligence in Virginia?
Yes. Section 8.01-63 lets an unpaying guest passenger recover damages against the vehicle’s owner or operator for injury or death resulting from negligent operation of the vehicle.
What if the guest passenger dies from the crash?
The guest’s personal representative may bring the claim on the guest’s behalf, recovering for the death resulting from the negligent operation of the vehicle.
Does this section eliminate defenses the driver could otherwise raise?
No. The statute expressly preserves any other defense otherwise available to the owner or operator — it only confirms the guest’s right to sue for negligence, without stripping away the usual defenses.
Does this cover damage to the guest’s property, not just injury to the guest?
Yes. The statute covers death or injury to the person or property of the guest, so property damage resulting from the negligent operation is included.
Who is a “guest” under this section?
A person transported by the owner or operator of a motor vehicle without paying for that transportation — someone riding along as a courtesy rather than as a paying passenger.
Amendment History
Code 1950, § 8-646.1; 1974, c. 551; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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