The Division of Risk Management's (DRM's) primary responsibility is to establish and administer various risk management plans as required by state law. This responsibility may include handling claims against plan participants. Whether DRM handles a particular claim depends on several factors, including the nature of the claim, which plan participant it involves, and DRM's statutory authority.
Other state agencies administer claims too. Here are some examples:
DRM has been delegated authority to handle certain liability claims against the Commonwealth, including those asserted under the Virginia Tort Claims Act (§ 8.01-195.1 et seq., Code of Virginia). The provisions of the Act describe, among other things, the types of claims covered by the Act, requirements for putting the Commonwealth on notice of a claim, time limits that apply to such claims, limitations on the amount recoverable, and legal requirements for filing suit. The Code of Virginia can be found online at the Virginia General Assembly's website and in public libraries throughout the Commonwealth.
Liability claims arising out of the ownership, maintenance or use of motor vehicles (licensed for road use) owned or leased by the Commonwealth or otherwise used for state business require that the state vehicle driver contact their agency risk manager for special instructions on reporting.
Claims involving loss to state-owned buildings, their contents, and other property are handled by DRM. State agencies should report such losses using the Report of Loss to State-Owned Property below. This form can be completed online, printed, and faxed to DRM at 804-371-2442. Additionally, the completed form and related claim documentation can be sent via email to DRM's claims inbox.
Report of Loss to State-Owned Property (for use only by state agencies)
Claims involving loss of or damage to state-owned or leased motor vehicles (licensed for road use) are handled by DRM. State agencies should report automobile accidents to the Vehicle Management Control Center (VMCC) within the Department of General Services’ Office of Fleet Management. They can be reached at 866-857-6866. Employees may also contact their agency risk manager or agency transportation officer for accident reporting instructions.
A state agency, constitutional officer or regional jail with a potential bond loss should first report it to the Auditor of Public Accounts as well as the Virginia State Police. It should then be reported to DRM using the Notice of Potential Bond Loss form below. This form can be completed online, printed, and faxed to DRM at 804-371-2442.
Notice of Potential Bond Loss (for use only by officials of state agencies, constitutional officers or regional jails)
All locally-elected constitutional officers in Virginia – Sheriffs, Clerks of Circuit Court, Commonwealth's Attorneys, Treasurers, and Commissioners of Revenue – participate in VaRISK, a statutory risk management plan administered by DRM. All regional jail authorities in the state participate in this plan too. DRM will become involved in a claim against a constitutional officer or regional jail only upon a direct request from the constitutional officer, jail board or jail superintendent.
By statute, DRM provides liability protection to certain cities, towns, counties, authorities, boards, commissions, districts, and other political subdivisions. More information about this coverage can be found here. DRM will become involved in a claim against a participating entity only upon a direct request from that entity.
By statute, DRM provides liability protection to certain guardians, pro bono attorneys, and state court-appointed attorneys. More information about this coverage can be found here. DRM will become involved in a claim against a covered party only upon a direct request from that party.
By statute, any clinic that is organized in whole or primarily for the delivery of health care services without charge is eligible for liability protection through DRM. More information about this coverage can be found here. DRM will become involved in a claim against a covered clinic only upon a direct request from that clinic.
Certain health care practitioners who volunteer their services at free clinics are also eligible for liability protection through DRM. More information about this coverage can be found here. DRM will become involved in a claim against a covered volunteer only upon a direct request from that individual.
By statute, DRM provides liability protection to any participating local chapter or program of the Meals on Wheels Association of America or any area agency on aging, providing meal and nutritional services to persons who are elderly, homebound, or disabled. More information about this coverage can be found here. DRM will become involved in a claim against a participating organization only upon a direct request from the organization.
If you feel Virginia Railway Express (VRE) is responsible for an injury or loss you suffered, notify them. Put in writing the facts you believe will help them investigate your complaint. Be as detailed as possible and send your correspondence to:
Virginia Railway ExpressVRE is a public entity and state and federal law limit most claims against public entities. Some claims may be subject to the Virginia Tort Claims Act ( § 8.01-195.1et seq., Code of Virginia). The Code of Virginia can be found online as well as in public libraries in Virginia and elsewhere. The Act sets forth requirements for putting the Commonwealth of Virginia on notice of a claim, time limits that apply to such claims, limitations on the amount recoverable, and legal requirements for filing suit.
Other legal remedies may be available. Parties seeking to make a claim may wish to consult an attorney to protect their legal rights.
The medical malpractice coverage provided by DRM's various risk management plans is funded by state government and other public entities, not individual health care practitioners. DRM does not maintain claims histories for individual practitioners and cannot provide such information for credentialing or other purposes.
Under certain circumstances, DRM may report medical malpractice payments to the National Practitioner Data Bank and the Virginia Department of Health Professions. Although state and federal law prohibit us from disclosing these reports to third parties, you may be able to obtain more information directly from the NPDB or the VDHP.
Although the Division of Risk Management is unable to assist with legal questions or the application of the law to specific facts, we welcome your feedback about our website.