Chapter 3. Actions · Article 18.1. Tort Claims Against the Commonwealth of Virginia · Last amended 1992 · Last verified July 16, 2026
In one sentenceSection 8.01-195.5 gives the Attorney General authority to settle tort claims against the Commonwealth, lets a transportation district’s commission chairman or a designee settle claims against the district under specified approval procedures, and lets the Division of Risk Management resolve claims before a lawsuit is filed.
Full Text of § 8.01-195.5
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The Attorney General shall have authority in accordance with § 2.2-514 to compromise and settle claims against the Commonwealth cognizable under this article.
The chairman of the commission for a transportation district against which a claim was filed pursuant to this article, or such other person as may be designated by the commission, shall have the authority to compromise, settle and discharge the claim provided (i) the proposed settlement and reasons therefor are submitted to the commission in writing and approved by its members or (ii) the settlement is made in accordance with a written policy approved by the transportation district commission for such settlements. The Director of the Division of Risk Management may adjust, compromise and settle claims against the Commonwealth cognizable under this article prior to the commencement of suit unless otherwise directed by the Attorney General.
Plain-English Summary
Section 8.01-195.5 spreads settlement authority across three offices. The Attorney General may compromise and settle claims against the Commonwealth cognizable under this article, acting under the general settlement authority granted by Section 2.2-514.
For a claim against a transportation district, the chairman of that district’s commission — or another person the commission designates — may compromise, settle, and discharge the claim, but only if either the proposed settlement and the reasons for it are submitted to the commission in writing and approved by its members, or the settlement follows a written policy the commission has already approved for settlements of that kind.
Before any lawsuit is even filed, the Director of the Division of Risk Management has separate authority to adjust, compromise, and settle claims against the Commonwealth under this article, unless the Attorney General directs otherwise. That authority lets a claim get resolved administratively, without ever reaching a courtroom, so long as the Attorney General has not stepped in to control the outcome.
Frequently Asked Questions
Who has authority to settle a tort claim against Virginia?
The Attorney General has general authority to compromise and settle claims against the Commonwealth. The Director of the Division of Risk Management can also adjust and settle claims before suit is filed, unless the Attorney General directs otherwise.
Can a transportation district settle a claim on its own?
Yes, through its commission chairman or a person the commission designates, but only if the settlement and the reasons for it are submitted in writing and approved by the commission, or the settlement follows a written policy the commission has already approved.
What has to happen before a transportation district chairman can approve a settlement?
Either the commission must approve the specific proposed settlement in writing after reviewing the reasons for it, or the settlement must follow a written settlement policy the commission has already adopted.
Can a claim be settled before a lawsuit is even filed?
Yes. The Director of the Division of Risk Management can adjust, compromise, and settle a claim against the Commonwealth before a suit is commenced, unless the Attorney General directs otherwise.
Does the Attorney General have to approve every settlement personally?
No. The Director of the Division of Risk Management can settle pre-suit claims independently unless the Attorney General chooses to direct the matter, and transportation district settlements are handled through the district’s own commission process.
Amendment History
1981, c. 449; 1986, c. 584; 1991, c. 23; 1992, c. 796.
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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