The Division of Risk Management of the Department of the Treasury and the Attorney General shall develop cooperatively an actuarially sound program for identifying, evaluating and setting reserves for the payment of claims cognizable under this article.
§ 8.01-195.9.Claims evaluation program.
Chapter 3. Actions · Article 18.1. Tort Claims Against the Commonwealth of Virginia · Last amended 2000 · Last verified July 16, 2026
In one sentenceSection 8.01-195.9 directs the Division of Risk Management and the Attorney General to jointly build an actuarially sound program for identifying, evaluating, and reserving funds to pay claims brought under the Virginia Tort Claims Act.
Full Text of § 8.01-195.9
Plain-English Summary
Section 8.01-195.9 is an administrative directive rather than a rule that affects an individual claimant’s rights. It requires the Division of Risk Management of the Department of the Treasury and the Attorney General to work together to develop a program, grounded in actuarial soundness, for identifying claims that may arise under the Tort Claims Act, evaluating their likely value, and setting aside adequate reserves to pay them.
The provision exists to keep the Commonwealth’s exposure under this article financially manageable over time — by tracking and reserving for claims in a disciplined way rather than reacting to each one as it arrives. It does not create any right a claimant can enforce directly; it assigns responsibility for the Commonwealth’s internal risk management to these two offices.
Frequently Asked Questions
What is the claims evaluation program?
A cooperative program the Division of Risk Management and the Attorney General must develop to identify, evaluate, and set financial reserves for claims arising under the Virginia Tort Claims Act.
Who is responsible for running it?
The Division of Risk Management of the Department of the Treasury and the Attorney General, working together, as directed by Section 8.01-195.9.
Does this section give claimants any new rights?
No. It is an internal administrative directive governing how the Commonwealth manages its financial exposure to claims under this article, not a provision that creates or expands a claimant’s legal rights.
Why does the Commonwealth need an actuarially sound reserve program?
To set aside funds in a disciplined, predictable way to pay claims under the Tort Claims Act, rather than leaving the Commonwealth to react to each claim without financial planning.
Does this section affect how quickly my claim gets paid?
Not directly. It governs the Commonwealth’s internal budgeting and reserve-setting process; the timelines for filing, resolving, and paying an individual claim come from the other sections of this article.
Amendment History
1988, c. 644; 2000, cc. 618, 632.
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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