File a Claim

How to File a Property Claim

If you believe your property was damaged due to the negligence of VDOT or its employees, you may submit a tort claim for potential reimbursement.  

VDOT administers property damage claims in the amount of $5,000 or less.  If you are seeking reimbursement for bodily injuries or property damage greater than $5,000, please refer to the Virginia Tort Claims Act or consult an attorney.

Other state and local government agencies and contractors work on Virginia’s roadways and may be responsible for liability claims associated with their work. 

VDOT does not perform maintenance in cities, towns, or the counties of Henrico or Arlington, except on interstates and major primary roads. 

In those instances, you will need to submit your claim to those entities using their claim process.

Also, VDOT does not administer claims involving contractors working on VDOT projects. If you believe that you were harmed by a private company working on a road maintained by VDOT, please file your claim directly with the company.

Please only submit a claim to VDOT only if you believe that you were harmed by VDOT or its employees. Claims resulting from another entity (for example, the United States government, another state, county, city, or private citizen) are not handled by VDOT.

VDOT will review and assess the Commonwealth’s liability for any alleged property damage and will offer settlement for damages incurred when the circumstances and evidence support a finding that VDOT or its employees was negligent.

If you wish to submit a Tort Claim with VDOT, you may submit an online claim at https://my.vdot.virginia.gov/ by selecting “I want to submit a claim.” If you want to submit a paper claim, please fill out the tort claim intake form and mail it to:

VDOT Customer Service Center
1596 Deborah Lane
Salem, VA 24153

You’re encouraged to use the online claim process where you are able to view submitted information and track the status of claims. The processing time for paper claims may be longer than that for online claims.

Once you submit a claim, the Customer Service Center will verify your information and forward it for investigation. Once the investigation is complete, your claim will be forwarded to the Tort Claims Section for evaluation.

To submit a claim, you will need the following information:

  • One estimate of repair costs or a receipt for repair. (If there is no receipt for repair, a second estimate will be required if VDOT makes an offer of settlement.)
  • Any pictures you wish to include; and
  • Any additional supporting documentation that you would like the Tort Claims Section to consider in the determination of your claim

 Note:

  • Submission of a tort claim does not mean VDOT accepts liability and will pay the claim. VDOT is not an insurer of Virginia’s highways. Payment of a tort claim will only be made if a determination is made that VDOT or its employees were negligent.
  • Any documents submitted will not be returned, please keep copies of everything submitted.
  • Any documents submitted may be subject to public disclosure in accordance with the Virginia Freedom of Information Act.
  • If VDOT lacks the authority to administer your claim, VDOT will forward your correspondence and any accompanying documents to the Office of the Attorney General in accordance with the Code of Virginia.  

 

For more information, please refer to VDOT’s Tort Claims Information page.