22.1-194 - Liability of locality or school board owning or operating vehicle.
§ 22.1-194. Liability of locality or school board owning or operating vehicle.
In case the locality or the school board is the owner, or operator throughmedium of a driver, of, or otherwise is the insured under the policy upon, avehicle involved in an accident, the locality or school board shall besubject to action up to, but not beyond, the limits of valid and collectibleinsurance in force to cover the injury complained of or, in cases set forthin subsection D of § 22.1-190, up to but not beyond the amounts of insurancerequired under subsection A of § 22.1-190 and the defense of governmentalimmunity shall not be a bar to action or recovery. In case of several claimsfor damages arising out of a single accident involving a vehicle, the claimsof pupils and school personnel, excluding driver when not a pupil, shall befirst satisfied. In no event, except where approved self-insurance has beenprovided pursuant to § 22.1-190 D, shall school funds be used to pay anyclaim or judgment or any person for any injury arising out of the operationof any such vehicle. The locality or school board may be sued alone orjointly with the driver, provided that in no case shall any member of aschool board be liable personally in the capacity of school board membersolely.
(Code 1950, § 22-290; 1976, c. 224; 1980, c. 559.)