A. In a civil action in any court, whether sounding in contract or tort, to recover for damages to a motor vehicle in excess of $2,500, evidence as to such damages may be presented by an itemized estimate or appraisal sworn to by a person who also makes oath (i) that he is a motor vehicle repairman, estimator or appraiser qualified to determine the amount of such damage or diminution in value; (ii) as to the approximate length of time that he has engaged in such work; and (iii) as to the trade name and address of his business and employer. Such estimate shall not be admitted unless by consent of the adverse party or his counsel, or unless a true copy thereof is mailed or delivered to the adverse party or his counsel not less than seven days prior to the date fixed for trial.
§ 8.01-416.Affidavit re damages to motor vehicle.
Chapter 14. Evidence · Article 8. Certain Affidavits · Last amended 2010 · Last verified July 16, 2026
In one sentenceSection 8.01-416 lets a party prove motor vehicle damage through a sworn, itemized repair estimate from a qualified repairman, estimator, or appraiser instead of live testimony, though claims above $2,500 require the estimate to be shared with the opposing side at least seven days before trial unless that side agrees to skip the notice.
Full Text of § 8.01-416
B. In a civil action in any court, whether sounding in contract or tort, to recover for damages to a motor vehicle of $2,500 or less, evidence as to such damages may be presented by an itemized estimate or appraisal sworn to by a person who also makes oath (i) that he is a motor vehicle repairman, estimator or appraiser qualified to determine the amount of such damage or diminution in value; (ii) as to the approximate length of time that he has engaged in such work; and (iii) as to the trade name and address of his business and employer.
Plain-English Summary
Both subsections let a party skip live expert testimony about vehicle damage and instead offer a sworn, itemized estimate or appraisal. The person making the estimate has to swear to three things: that they work as a motor vehicle repairman, estimator, or appraiser qualified to gauge the damage or lost value, roughly how long they have done that work, and the name and address of their business or employer.
The two subsections split on dollar amount. For damage claims above $2,500, subsection A adds a notice requirement — the estimate cannot be admitted unless the adverse party or counsel agrees to it, or unless a true copy was mailed or delivered to them at least seven days before trial. For damage claims of $2,500 or less, subsection B imposes the same oath requirements but drops that advance-notice condition.
Frequently Asked Questions
Can a sworn repair estimate replace expert testimony about car damage in a Virginia lawsuit?
Yes. An itemized estimate or appraisal sworn to by a qualified repairman, estimator, or appraiser is admissible evidence of the damage.
What must the person making the estimate swear to?
That they are a qualified motor vehicle repairman, estimator, or appraiser, roughly how long they have done that work, and the trade name and address of their business or employer.
Is there a notice requirement before an estimate can be used at trial?
For claims above $2,500, yes — the estimate must be mailed or delivered to the adverse party or counsel at least seven days before trial, unless they consent to skip that step.
Does the notice requirement apply to smaller claims?
No. Subsection B, covering damage claims of $2,500 or less, requires the same sworn qualifications but does not impose the seven-day advance notice condition.
Does this section apply only to negligence claims for car accidents?
No. It applies in any civil action, whether it sounds in contract or tort, to recover for motor vehicle damage.
Amendment History
1977, c. 617; 1980, c. 183; 1990, c. 724; 2010, c. 343.
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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