Va. Code » Title 8.01. Civil Remedies and Procedure » Chapter 3. Actions » Article 21. Miscellaneous Provisions
Virginia Code

Va. Code Ann. § 8.01-222 (2026)

Repealed

✓ current as of May 2026
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Repealed by Acts 2007, c. 368, cl. 2.

Notes of Decisions
Cited in 37 cases (1 in the last 5 years), 1983–2021 · leading case: Breeding Ex Rel. Breeding v. Hensley, 519 S.E.2d 369 (Va. 1999).
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Breeding Ex Rel. Breeding v. Hensley, 519 S.E.2d 369 (Va. 1999). · cites it 9× “Because of the disposition we make of the demurrer issue, we must also consider the application of Code § 8.01-222, which deals with notice to be given cities and towns of claims for damages for negligence.”
Bethel Inv. Co. v. City of Hampton, 636 S.E.2d 466 (Va. 2006). · cites it 8× “The City's responsive pleadings denied that Bethel had suffered any damage, but asserted that if it had, Bethel's claims were barred by the applicable statutes of limitations and by Bethel's failure to give the City notice of its claim, as required by Code § 8.01-222, within six…”
Sch. Bd. v. United States Gypsum Co., 360 S.E.2d 325 (Va. 1987). · cites it 4× “Illustrations of nonclaim statutes in this state are those providing for liens of laborers and materialmen, claims against estates of deceased persons, and claims for damages against municipal corporations.”
Town of Crewe v. Marler, 319 S.E.2d 748 (Va. 1984). · cites it 4× “The dispositive question in this personal injury action against a municipality is whether the claimant’s notice of accident complied substantially with the mandatory requirements of Code § 8.01-222. In pertinent part, the statute provides: “No action shall be maintained against…”
Jane Doe, a Minor Child, by Next Friend, Leslie G. Fein v. Dist. of Columbia, 93 F.3d 861 (D.C. Cir. 1996). · cites it 2× “1996); Va.Code Ann. § 8.01-222 (1992). . Although § 12-309 protects only the District of Columbia government and not its employees, Doe has not argued on appeal that the district court erred in applying the notice requirement to all appellees, and therefore has waived the…”
William v. City of Newport News, 397 S.E.2d 813 (Va. 1990). · cites it 4× “William filed a negligence suit against the uninsured motorist and, pursuant to Code § 8.01-222, notified the City of his intention to make a claim "under the City's Uninsured Motorist provisions of [the City's] self-insurance plan.”
Lostrangio v. Laingford, 544 S.E.2d 357 (Va. 2001). · cites it 2× “2 The Town also filed a demurrer asserting that Lostrangio failed to allege compliance with Code § 8.01-222 in her motion for judgment, thus barring recovery for any claim against the Town.”
Haley v. Haley, 636 S.E.2d 400 (Va. 2006). · cites it 4× “Contrary to Haley's argument, "actual notice" and substantial compliance are not sufficient to satisfy the requirements for claiming an elective share under Code § 64.1-13. The clear and unambiguous requirements of Code § 64.”
Shaffer v. City of Hampton, Va., 780 F. Supp. 342 (E.D. Va. 1991). · cites it 9× “On May 22, 1991, Defendants filed a motion to dismiss, or in the alternative, for summary judgment regarding the Virginia law claim (Count II) on two grounds: (1) a claim of sovereign immunity and (2) Plaintiff’s failure to give the City of Hampton notice of the claim as…”
Halberstam v. Commonwealth, 467 S.E.2d 783 (Va. 1996). · cites it 2× “2d 748 (1984), we dealt with the notice provisions of Code § 8.01-222, which apply to suits against cities and towns.”
Commonwealth of Virginia, etc. v. AMEC Civil, LLC, 677 S.E.2d 633 (Va. Ct. App. 2009). · cites it 2× “2d 748, 750 (1984) (holding Town’s “actual notice” of an accident did not remove the injured party’s duty to provide written notice under Code § 8.01-222). “To permit ‘actual notice’ to suffice” when the governing statute requires written notice “would create an exception that…”
Wampler Foods, Inc. v. City of Harrisonburg, 43 Va. Cir. 415 (Rockingham Cir. Ct. 1997). · cites it 14× “*417 The plaintiff, on the other hand, argues that Va. Code § 8.01-222 must be strictly read to apply only to “negligence actions” resulting in damage to “persons or property.”
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