Getting into a car accident is already scary. When the driver who hits you is from out of state, things can feel even more confusing. You may not know how to handle the insurance claim or if West Virginia laws will still help you.
Here, our West Virginia car accident lawyers will explain what to do if you are in a crash with a non-West Virginia (non-WV) driver. We will cover how state rules work, what your rights are, and how to protect yourself.
What Makes an Accident with a Non-WV Driver Different?
Many car accidents in West Virginia involve locals who carry insurance based on WV laws. But if someone from another state hits you, their insurance might be under different rules.
This can lead to questions like:
- Will their policy pay for my damages?
- Do I have to deal with a different state’s laws?
- Can I sue them in West Virginia, or must I go to their home state?
The good news is that West Virginia law has rules to handle these out-of-state drivers. West Virginia Code § 56-3-31 says that if a nonresident driver is involved in a wreck here, they appoint our Secretary of State—or, in some cases, their own insurance company—as a special agent to accept legal papers. That means you can still start a claim or lawsuit in West Virginia, even if the other driver lives somewhere else.
How Does West Virginia Handle Serving a Non-WV Driver?
“Serving” someone means officially giving them legal documents that say a lawsuit or claim is happening. In normal cases, you might hand these papers to the person or mail them. However, this can get problematic if the driver lives far away or you do not know exactly where they are.
That is where § 56-3-31 comes in. This law explains that you can serve the Secretary of State if you cannot serve the driver directly. You can also serve their insurance company, which is considered the driver’s “agent” for receiving legal documents when the accident happened in West Virginia.
Once served, the insurance company must respond within 30 days. This rule ensures you are not stuck with no way to continue your case just because the driver does not live here.
Will the Other Driver’s Insurance Still Defend Them?
Yes. In most cases, if the out-of-state driver has a valid policy, that insurance company must step in to defend its policyholder. According to Hartwell v. Marquez, 201 W. Va. 433, insurance companies are generally obligated to handle the legal proceedings if their driver is sued in West Virginia.
You should not have to chase the driver personally if they are properly insured. Their insurance provider will likely be the one communicating and negotiating.
However, things can become more complicated if the non-WV driver does not have valid insurance. Your own insurance might help if you have uninsured motorist coverage.
You might also wonder if you can file a lawsuit against the driver directly. You can—but collecting money from someone with no insurance or no assets can be harder.
What If the Driver Is Unknown, or It’s a Hit-and-Run?
Sometimes, an out-of-state driver hits you and takes off. You might not get their license plate or any contact details.
In West Virginia, you can still file what is called a “John Doe” action. This means you sue an unknown person, which triggers your uninsured motorist policy to step in (see State Farm Mut. Auto. Ins. Co. v. Norman, 191 W. Va. 498 and Lusk v. Doe, 175 W. Va. 775). Basically, your own insurance company has to act like the missing driver’s insurance. They may investigate and try to settle the case just like any other claim. This can help cover your losses when the at-fault driver vanishes.
Hit-and-run situations are stressful because you have to rely on your own coverage. That is why it is helpful to keep solid uninsured (and underinsured) motorist coverage on your policy. This coverage can be a lifesaver if the at-fault driver is unknown, has no insurance, or does not have enough insurance.
Do West Virginia Laws Still Protect Me Even If the Driver Is from Another State?
Yes. The fact that they live somewhere else does not strip away your rights if the crash happened here. West Virginia courts can still decide who is at fault and what damages should be paid. This is important because WV law often provides certain protections, like rules on how quickly insurance companies must handle claims. It also sets minimum coverage amounts for injuries and property damage.
Additionally, West Virginia’s insurance rules can sometimes reach out-of-state policies. That means if the driver’s insurance is from, say, Virginia or Ohio, it usually must meet or exceed West Virginia’s basic coverage requirements while the driver is traveling in WV. The law is designed so local drivers are not left hanging if an out-of-state driver causes a wreck.
Is the Process Slower If the At-Fault Driver Is from Out of State?
It can be. Sometimes, communicating with an insurance company in another state takes longer. They might be less familiar with West Virginia’s specific laws and procedures. Also, if the driver is not physically here, they might not show up for local court dates. Their insurer might ask for time extensions. So, yes, out-of-state cases sometimes move more slowly than in-state ones.
However, the law tries to prevent unnecessary delays. For example, if you properly serve the Secretary of State or the insurance company, they must respond within 30 days (see § 56-3-31). They cannot just ignore you indefinitely. Having a lawyer can help make sure deadlines are enforced, and you do not get stuck waiting forever.
Who Pays If the Non-WV Driver Lacks Enough Insurance?
If the out-of-state driver’s insurance does not meet the total cost of your damages, like medical bills or car repairs, you could go after the driver personally. However, that might be tough if they live far away and do not have many assets. Often, you will rely on your own underinsured motorist coverage (UIM). UIM helps cover the gap when the other side’s coverage is not enough.
West Virginia strongly encourages drivers to carry UIM because it protects them in these exact types of situations. If you have good coverage, you stand a better chance of covering your full losses.
Always check your policy to see if you have uninsured and underinsured motorist coverage. And if you do not, you might consider adding it for peace of mind.
Can You Still Sue in West Virginia if the Other Driver Was From Out of State?
Yes. If the accident happened on our roads, West Virginia courts have jurisdiction, which means they can hear the case. The law (under § 56-3-31) states that non-WV drivers give implied consent to West Virginia courts when they drive on our highways. You generally do not have to travel to their home state to sue them. That can save you time and money, making the process easier for you while still giving the out-of-state driver a fair chance to defend themselves.
If the driver’s insurance company tries to claim that the case belongs in their state, talk to your lawyer. There are ways to show that the accident location gives West Virginia the right to handle it.
How Long Do You Have to File a Claim?
In West Virginia, the time limit (statute of limitations) to file most car accident lawsuits is typically two years from the date of the accident. If you wait longer than that, you usually cannot bring a claim. This deadline applies whether the driver is from West Virginia or another state.
However, certain exceptions might allow a different timeline. Always check with a legal professional so you do not miss this window.
Contact Our West Virginia Car Accident Lawyers if a Driver from Outside West Virginia Hit You
Being hit by a driver from outside West Virginia can feel overwhelming. You may worry about different insurance rules, slow responses, or an unknown legal process. But remember, West Virginia law is here to help. You have the right to pursue fair compensation if the crash was not your fault. Knowing the steps—like serving the Secretary of State or contacting the driver’s insurance—gives you a path forward.
At Desai Law, our team of West Virginia car accident lawyers is here to guide you through every step. If you need help, call us at (304) 974-1974. We are ready to stand by your side and fight for the compensation you deserve.
