If you’ve been involved in a car accident in West Virginia, you’ll need to understand how the state’s insurance system works. Unlike some states that have a no-fault insurance system, West Virginia operates under an at-fault system. This means that the driver who is legally responsible for causing the accident is also responsible for paying the resulting damages.
In this post, we’ll go over the details of West Virginia’s at-fault insurance system and explain what you need to know if you find yourself in an accident. At Desai Law, our experienced West Virginia car accident lawyers are dedicated to helping injured victims get the compensation they deserve.
Fault Determination
In West Virginia, the at-fault driver’s insurance company is responsible for paying the damages caused by the accident. To receive compensation, you must prove that the other driver was at fault. This is where having an experienced car accident attorney on your side can make a significant difference.
Our skilled legal team at Desai Law knows how to gather and present evidence to demonstrate fault, such as:
- Police reports
- Eyewitness statements
- Traffic camera footage
- Vehicle damage reports
- Accident reconstruction analysis
At Desai Law, our experienced West Virginia car accident attorneys work to build a strong case on your behalf and make sure the insurance companies acknowledge their insured’s responsibility for the crash.
Insurance Requirements in West Virginia
To make sure that drivers can cover the costs of damages they may cause, West Virginia law requires all motorists to carry a minimum amount of liability insurance. The current minimum requirements are:
- $25,000 per person for bodily injury liability
- $50,000 per accident for bodily injury liability
- $25,000 for property damage liability
Bodily injury liability coverage pays for the medical expenses, lost wages, pain and suffering, and other damages experienced by the people injured in an accident you cause. Property damage liability pays for the repair or replacement of any property damaged in a crash, such as the other driver’s vehicle.
In addition to liability coverage, West Virginia also requires drivers to carry uninsured motorist coverage in the same minimum amounts. This protects you if you’re hit by a driver who doesn’t have insurance or lacks sufficient coverage.
While these are the legal minimums, it’s often wise to purchase higher limits to ensure you have adequate protection in case of a serious accident. Hospital bills can quickly exceed minimum coverage amounts.
Claim Options if You’ve Been in a Motor Vehicle Accident in West Virginia
If you’ve been injured in an accident caused by another driver in West Virginia, you typically have three options for seeking compensation:
- File a first-party claim with your own insurance company.
- File a third-party claim directly with the at-fault driver’s insurance company.
- File a personal injury lawsuit against the at-fault driver.
In a first-party claim, you turn to your own insurance company for coverage under your policy’s applicable provisions, such as med pay, collision, uninsured/underinsured motorist coverage, etc. Your insurer will then likely pursue the at-fault party’s insurer for reimbursement of the amounts paid on your claim, a process known as subrogation.
Filing a third-party claim involves submitting a claim directly to the at-fault driver’s insurance provider. You will need to prove the policyholder was responsible for the accident and provide documentation of your injuries and damages.
In some cases, it may be necessary to file a personal injury lawsuit against the at-fault driver. This is usually only done if the insurance company denies liability or fails to offer a fair settlement.
The claims process can be complicated and stressful, especially when you’re trying to recover from painful crash injuries. Insurance companies are businesses focused on their bottom lines and will try to limit payouts whenever possible.
Hiring an experienced West Virginia car accident lawyer is the best way to protect your rights. At Desai Law, we handle all communications and negotiations with the insurance companies on your behalf so you can focus on healing. We’re not afraid to play hardball with insurers and fight for every dollar you deserve.
At Desai Law, our accomplished attorneys, led by Chirag Desai, have a proven track record of success in settling and litigating auto accident claims. Chirag’s exceptional legal skills and dedication to his clients have earned him recognition from his peers and the legal community. He has been awarded the AVVO Clients’ Choice Award in both 2018 and 2019, demonstrating his commitment to providing outstanding service and achieving excellent results for his clients. Additionally, Chirag has been named to the Super Lawyers Rising Stars list for four consecutive years, from 2020 to 2023, a testament to his professional excellence and growing reputation in the field of personal injury law.
Most cases can be successfully settled out of court through skilled negotiation. However, if the insurance company refuses to make a reasonable offer, we will not hesitate to file a lawsuit and argue your case in front of a judge and jury. No matter what path your claim takes, you can count on Desai Law to provide caring, client-focused representation every step of the way. We’re committed to being accessible and keeping you informed throughout the process.
What Are Reporting Requirements After an Accident in West Virginia?
After an accident, there are certain reporting requirements that must be followed under West Virginia law. First and foremost, you must report the crash to law enforcement if it results in any injuries, fatalities, or property damage exceeding $1,000.
You should also report the accident to your own insurance company as soon as possible, even if you weren’t at fault. Most policies require prompt notification of any crashes, and failure to report could jeopardize your coverage.
If the accident resulted in injury, death, or property damage of more than $1,000, you have specific reporting obligations under West Virginia law. According to West Virginia Code § 17C-4-6, the driver of a vehicle involved in a crash resulting in injury to or death of any person or total property damage to an apparent extent of $1,000 or more shall immediately, by the quickest means of communication, give notice of such crash to the local police department if the crash occurs within a municipality. If the accident occurs outside of a municipality, the driver must report the crash to the office of the county sheriff or the nearest office of the West Virginia State Police.
While dealing with the accident reporting process, be cautious about sharing too much information or accepting any blame for the crash. Stick to the basic facts and let your attorney handle communications with the various parties.
How Desai Law Can Help
If you or a loved one has been injured in an accident through no fault of your own, don’t wait to seek experienced legal representation. Contact Desai Law today to schedule a free consultation and case evaluation. We’ll listen to your story, explain your options, and fight for the justice you deserve.
Remember, there are no upfront costs to hire us – we only get paid if we win compensation for you. You have nothing to lose and everything to gain by reaching out.
Call (304) 974-1974 or fill out our online form to get started on the road to recovery.
