Virginia Code

Va. Code Ann. § 8.01-63 (2026)

Liability for death or injury to guest in motor vehicle

✓ current as of May 2026

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Any person transported by the owner or operator of any motor vehicle as a guest without payment for such transportation and any personal representative of any such guest so transported shall be entitled to recover damages against such owner or operator for death or injuries to the person or property of such guest resulting from the negligent operation of such motor vehicle. However, this statute does not limit any defense otherwise available to the owner or operator.

Code 1950, § 8-646.1; 1974, c. 551; 1977, c. 617.

Notes of Decisions

Cited in 7 cases, 1981–2006 · leading case: Gazette, Inc. v. Harris, 325 S.E.2d 713 (Va. 1985).

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Gazette, Inc. v. Harris, 325 S.E.2d 713 (Va. 1985). · cites it 2× “Virginia Code § 8.01-63. I have no reason to believe that a jury or a court would find it any easier to make the distinction in defamation cases.”

Ortiz v. Barrett, 278 S.E.2d 833 (Va. 1981). · cites it 4× “1063; Code § 8.01-63 (Repl.Vol.1977). [3] Code § 54-42 provides in pertinent part: The following persons may practice law in this State: * * * * * * Any person duly authorized and practicing as counsel or attorney-at-law in any state.”

Campbell v. Harmon, 628 S.E.2d 308 (Va. 2006). · cites it 2× “Moreover, to adopt the Trustees' position would render Code § 8.”

Gossett v. Jackson, 457 S.E.2d 97 (Va. 1995). · cites it 2× “Code § 8.01-63. We have defined simple negligence as the failure to exercise “that degree of care which an ordinarily prudent person would exercise under the same or similar circumstances to avoid injury to another.”

Cmty. Motor Bus Co., Inc. v. Windley, 299 S.E.2d 367 (Va. 1983). · cites it 2× “This section has been recodified as Code § 8.01-63. Windley objected at trial to the requirement that he prove gross negligence.”

Pringle v. Sloan, 44 Va. Cir. 516 (Norfolk Cir. Ct. 1996). · cites it 4× “Raynard Pringle (“husband”) seeks recovery for his pecuniary losses, physical injuries, pain and suffering, and other damages as may be appropriate under § 8.01-63 of the Code of Virginia (1950).”

Creasy v. United States, 645 F. Supp. 853 (W.D. Va. 1986). · cites it 2× “The gross negligence standard articulated by Boggs was, of course, superseded by the guest statute, Virginia Code § 8.01-63, but the courts’ willingness to impose liability on “one who undertakes to perform a duty gratuitously” strengthens the conclusion that the common law Good…”

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