This information is provided to guide DMV employees on how to recognize and respond to a tort claim question.
Agency - Any department, institution, authority, instrumentality, board or other administrative agency of the government of the Commonwealth of Virginia and any transportation district.
Claim - Any request or demand, whether under a contract or otherwise, for money or property that is made to a contractor, grantee or other recipient if the Commonwealth provides any portion of the money or property that is requested or demanded, or if the Commonwealth will reimburse such contractor, grantee, or other recipient for any portion of the money, property that is requested or demanded.
Commonwealth - The Commonwealth of Virginia; any agency of state government.
Employee - Any officer, employee or agent of any agency, or any person acting on behalf of an agency in an official capacity, temporarily or permanently in the service of the Commonwealth, or any transportation district, whether with or without compensation.
Tort - A wrong act or omission, other than a crime or a breach of contract, for which the remedy is usually monetary damages.
A tort claim can arise in a variety of ways, but its most common form is usually when a person alleges that some action or inaction by an agency (e.g. DMV) or an employee of the agency has caused them injury (personal injury and/or property damages) and they are seeking monetary damages. Historically, the Commonwealth cannot be sued for such injuries unless the Commonwealth has specifically waived its sovereign immunity. The General Assembly enacted the Virginia Tort Claims Act which makes it possible for citizens to recover monetary damages if they've been physically injured or if they've suffered losses to their property because of a state employee's negligence. This provision of Virginia law describes the conditions for recovery, the time and monetary limitations that apply, and the process that citizens have to follow to file a claim. The Commonwealth is self-insured to cover any such claims.
It is very important to remember that state agencies cannot submit claims for citizens, cannot and should not give legal advice about a possible claim, and should not suggest that a claim is compensable. Rather, claimants have to go through the process by filing written notice for themselves (or through their legal representatives) with either the Attorney General's Office or the Director of the Virginia Department of the Treasury's Division of Risk Management (DRM). Written notice can be delivered by hand, by any form of the United States Mail or by commercial delivery service. Analysis of a claim and any determination on the compensability of any claim will be made only by those two entities, and not by DMV or its employees. Should a claim not be resolved administratively by DRM, the claimant should consult with private counsel for advice on the availability of any further legal recourse.
DMV employees are directed:
"Thank you for your inquiry. We are sorry to hear about your (injury/loss). The Commonwealth of Virginia is self-insured. There may be various remedies available to you under the Virginia law which could allow you to recover directly against the state. You may wish to consult with an attorney to determine if any such remedy applies to your situation.
We cannot present any claim against the state on your behalf nor can we give you legal advice. You may be able to obtain additional information by contacting the Department of Treasury, Division of Risk Management. That office administers claims against the State. They can be contacted at (804) 786-3152 or you can visit the Division of Risk Management's link on the Department of Treasury's website at www.trs.virginia.gov."
Department of Treasury, Division of Risk Management, http://www.trs.virginia.gov/Drm/claims.asp.
VA Tort Claims Act - Virginia Code ยง 8.01-195.1, et. seq.
For additional information contact: Daniel Toney, Risk Management Coordinator at (804) 367-1828.