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.
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.
1977, c. 617; 1980, c. 183; 1990, c. 724; 2010, c. 343.
Notes of Decisions
Cited in
10
cases (
1 in the last 5 years), 1982–2025 · leading case:
McMunn v. Tatum, 379 S.E.2d 908 (Va. 1989).
McMunn v. Tatum, 379 S.E.2d 908 (Va. 1989).
· cites it 4× “See Code §§ 8.01-416 and 16.1-88.2. Both statutes were adopted before our decision in Walters .”
Ohlen v. Shively, 430 S.E.2d 559 (Va. Ct. App. 1993).
· cites it 2× “01-28 (judgment to be given in action upon a note or contract when supported by affidavit); Code § 8.01-416 and 16.1-88.1 (affidavit regarding damage to motor vehicle); Code § 8.”
Walters v. Littleton, 290 S.E.2d 839 (Va. 1982).
· cites it 2× “, Code § 8.01-416 (allowing for the introduction of automobile repair estimates in both the district *454 and circuit courts).”
Cheryl Lorraine Fitch v. Phantom Auto Grp., LLC, No. 0163244 (Va. Ct. App. Aug. 12, 2025).
· cites it 7× “01-416(A) provides in relevant part, “[i]n a civil action in any court, whether sounding in contract or tort, to recover for damages to a motor vehicle .”
Malik Corey Brown v. Commonwealth of Virginia, No. 2825071 (Va. Ct. App. Jan. 27, 2009).
· cites it 8× “Washington’s hearsay testimony in a criminal prosecution, when the same testimony would be inadmissible in a civil case because it did not comply with Code § 8.”
Alfred Gilliam, Jr. v. Commonwealth of Virginia, No. 1254121 (Va. Ct. App. May 27, 2014).
· cites it 8× “at *12-13 (citing Code § 8.01-416(A)). The Court reasoned that the statutory exception would not be necessary if the legislature understood the rule allowing an owner’s testimony as to the value of property to mean that an owner could testify as to the estimated cost -9- of…”
Burnette v. Brown, 61 Va. Cir. 80 (Va. Cir. Ct. 2003).
· cites it 6× “Va. Code § 8.01-416 allows the admissibility of an estimate or appraisal of damage or repair of an automobile by a motor vehicle repairman, but it must be given under oath.”
Alfred Gilliam, Jr. v. Commonwealth of Virginia, No. 1254121 (Va. Ct. App. Dec. 3, 2013).
· cites it 4× “at *12-13 (citing Code § 8.01-416(A)). The Court reasoned that the statutory exception would not be necessary if the legislature understood the rule allowing an owner’s testimony as to the value of property to mean that an owner could testify as to the estimated cost of repairs…”
Alfred Gilliam, Jr. v. Commonwealth of Virginia, No. 1254121 (Va. Ct. App. Jan. 7, 2014).
· cites it 4× “at *12-13 (citing Code § 8.01-416(A)). The Court reasoned that the statutory exception would not be necessary if the legislature understood the rule allowing an owner’s testimony as to the value of property to mean that an owner could testify as to the estimated cost of repairs…”
D. W. Boyd Corp. v. Coon, 86 Va. Cir. 509 (Norfolk Cir. Ct. 2013).
· cites it 3× “01-28 (judgment to be given in action upon a note or contract when supported by affidavit); Va. Code §§ 8.01-416 and 16.1-88.1 (affidavit regarding damage to motor vehicle); Va.”
Va. Code Ann. § 8.01-416(A): 5 cases
Cheryl Lorraine Fitch v. Phantom Auto Grp., LLC, No. 0163244 (Va. Ct. App. Aug. 12, 2025).
“01-416(A) provides in relevant part, “[i]n a civil action in any court, whether sounding in contract or tort, to recover for damages to a motor vehicle .”
Alfred Gilliam, Jr. v. Commonwealth of Virginia, No. 1254121 (Va. Ct. App. May 27, 2014).
“at *12-13 (citing Code § 8.01-416(A)). The Court reasoned that the statutory exception would not be necessary if the legislature understood the rule allowing an owner’s testimony as to the value of property to mean that an owner could testify as to the estimated cost -9- of…”
Alfred Gilliam, Jr. v. Commonwealth of Virginia, No. 1254121 (Va. Ct. App. Dec. 3, 2013).
“at *12-13 (citing Code § 8.01-416(A)). The Court reasoned that the statutory exception would not be necessary if the legislature understood the rule allowing an owner’s testimony as to the value of property to mean that an owner could testify as to the estimated cost of repairs…”
Alfred Gilliam, Jr. v. Commonwealth of Virginia, No. 1254121 (Va. Ct. App. Jan. 7, 2014).
“at *12-13 (citing Code § 8.01-416(A)). The Court reasoned that the statutory exception would not be necessary if the legislature understood the rule allowing an owner’s testimony as to the value of property to mean that an owner could testify as to the estimated cost of repairs…”
Malik Corey Brown v. Commonwealth of Virginia, No. 2825071 (Va. Ct. App. Jan. 27, 2009).
“Washington’s hearsay testimony in a criminal prosecution, when the same testimony would be inadmissible in a civil case because it did not comply with Code § 8.”
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