In case the locality or the school board is the owner, or operator through medium of a driver, of, or otherwise is the insured under the policy upon, a vehicle involved in an accident, the locality or school board shall be subject to action up to, but not beyond, the limits of valid and collectible insurance in force to cover the injury complained of or, in cases set forth in subsection D of § 22.1-190, up to but not beyond the amounts of insurance required under subsection A of § 22.1-190 and the defense of governmental immunity shall not be a bar to action or recovery. In case of several claims for damages arising out of a single accident involving a vehicle, the claims of pupils and school personnel, excluding driver when not a pupil, shall be first satisfied. In no event, except where approved self-insurance has been provided pursuant to subsection D of § 22.1-190, shall school funds be used to pay any claim or judgment or any person for any injury arising out of the operation of any such vehicle. The locality or school board may be sued alone or jointly with the driver, provided that in no case shall any member of a school board be liable personally in the capacity of school board member solely.
Code 1950, § 22-290; 1976, c. 224; 1980, c. 559.
Notes of Decisions
Frederick County School Board v. Hannah (2004)
va · cites it 72×
“The dispositive issue in this appeal is whether the trial court erred in denying a school board's motion to reduce the plaintiffs' ad damnum clause to $50,000, the limit on liability the school board alleged was set by Code § 22.1-194. For the reasons that follow, we will affirm…”
Linhart v. Lawson (2001)
va · cites it 30×
“Linhart appeals the judgment of the trial court, asserting (1) that the School Board’s immunity was abrogated by Code § 22.1-194 under the circumstances of this case and (2) that Lawson was not entitled to immunity because Code § 22.”
Roach v. Botetourt County School Board (2010)
vawd · cites it 22×
“Va. Code § 22.1-194 (emphasis added). Here, the School Board admits that its school bus was covered by an insurance policy, satisfying the statute’s first requirement for the abrogation of the School Board’s sovereign immunity.”
Wagoner ex rel. Wagoner v. Benson (1998)
va · cites it 14×
“The trial court dismissed the motion for judgment, holding that the defendants were entitled to sovereign immunity under Code § 22.1-194. We will reverse the judgment of the trial court and remand the case for further proceedings because we conclude that the accident arose out…”
Brown v. Cuffee (1999)
vaccnorfolk · cites it 11×
“Virginia Code § 22.1-194 clearly abrogates the School Board’s immunity in explicit terms: In case the locality or the school board is the owner, or operator through medium of a driver of, or otherwise is the insured under the policy upon, a vehicle involved in an accident, the…”
WAGONER BY WAGONER v. Benson (1998)
va · cites it 14×
“The trial court dismissed the motion for judgment, holding that the defendants were entitled to sovereign immunity under Code § 22.1-194. We will reverse the judgment of the trial court and remand the case for further proceedings because we conclude that the accident arose out…”
VACORP v. Young (2020)
va · cites it 12×
“The trial court erred when it granted Young’s motion for summary judgment (and denied VACORP’s motion for summary judgment) because Virginia Code § 22.1-194 limits the self-insurance for school boards to $50,000 in UM/UIM coverage.”
Monica Drasovean v. Steven Walts (2025)
vactapp · cites it 10×
“9 (Virginia Tort Claims Act); Code § 22.1-194 (providing for limited waiver of a school board’s “defense of governmental immunity” in school-bus-accident cases).”
Griffin v. Brunswick County Public School Board (2008)
vaccbrunswick · cites it 13×
“Va. Code § 22.1-194 (2006). The School Board and its employees are covered by Virginia Association of Counties Risk Management Pool insurance (“the VACO Policy”), a self-insured risk pool of Virginia counties that insured the School System for injuries incurred in the…”
Wharton v. Albemarle County School Board (1998)
vaccalbemarle · cites it 16×
“For the reasons set forth below, the Court finds that: (1) Plaintiffs’ Motion for Judgment states a valid claim against die Albemarle County School Board for negligence; (2) barring a waiver of sovereign immunity under Va. Code § 22.1-194, the School Board is immune from the…”
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