Car Accident Laws in West Virginia
From Charleston to the winding mountain roads of Appalachia, car accidents in West Virginia can leave victims facing serious injuries, property damage, and long-term financial stress. Knowing your rights under state law is essential after a crash. This guide breaks down West Virginia’s car accident laws, including fault rules, deadlines, insurance requirements, personal injury rights, and what to do after a rideshare or uninsured driver crash.
West Virginia Is an At-Fault State
West Virginia follows a fault-based system for car accidents. This means the person responsible for causing the crash is also responsible for paying for the damages. If you’re hurt in a car accident, you have several legal options:
- File a claim against the at-fault driver’s insurance
- File a claim with your own insurance provider
- File a personal injury lawsuit directly against the at-fault party
Fault must be clearly established through evidence, such as crash reports, witness statements, and physical damage.
Modified Comparative Negligence in West Virginia
West Virginia uses a modified comparative fault rule with a 51% bar. You can recover damages as long as you are not more than 50% at fault for the crash.
Your compensation will be reduced by your percentage of fault. For example, if you are found 25% responsible and your total damages are $40,000, you would receive $30,000.
Minimum Car Insurance Requirements in West Virginia
Every driver in West Virginia is required to carry at least the following liability coverage:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $25,000 for property damage
Additionally, drivers must carry uninsured and underinsured motorist coverage equal to the required liability limits. This provides protection if you’re involved in a crash with someone who has no insurance or too little coverage.
Statute of Limitations for Car Accident Lawsuits
West Virginia law gives you two years from the date of the accident to file a personal injury or property damage lawsuit. The same two-year limit applies to wrongful death claims, starting from the date of the person’s death.
Missing this deadline can result in your case being permanently dismissed.
When to Report a Car Accident
You must report a car accident to law enforcement in West Virginia if:
- The accident causes injury or death
- Property damage exceeds $1,000
Law enforcement will usually file a police report, which you can request for insurance and legal purposes. If no officer arrives at the scene, you may need to file a report yourself through the Division of Motor Vehicles.
Personal Injury Laws in West Virginia
West Virginia’s personal injury laws give you the right to pursue compensation when someone else’s negligence causes you harm. This applies to car crashes, motorcycle wrecks, truck accidents, pedestrian incidents, and more.
There are no caps on compensatory damages for economic losses like medical bills or lost income. However, non-economic damages such as pain and suffering are capped in medical malpractice cases—but not general auto accident claims.
Types of Damages Available
If you’re injured in a car accident in West Virginia, you may be entitled to recover:
- Emergency medical expenses and rehabilitation
- Lost wages and reduced earning potential
- Pain and suffering
- Emotional trauma
- Vehicle repairs or replacement
- Long-term disability or disfigurement
An attorney can help calculate the full value of your damages and identify all available insurance policies.
Rideshare Accidents in West Virginia
If you’re injured while riding in or hit by an Uber or Lyft vehicle, you may be covered under the rideshare company’s insurance. Coverage depends on the driver’s status at the time:
- App on, no ride accepted: Up to $50,000 per person, $100,000 per accident, and $25,000 in property damage
- Passenger accepted or onboard: Up to $1 million in third-party liability coverage
Rideshare claims can be complicated, especially when multiple parties are involved, so legal help is recommended.
What If the Other Driver Is Uninsured?
Since uninsured/underinsured motorist (UM/UIM) coverage is mandatory in West Virginia, you can still recover compensation if the at-fault driver has no insurance or not enough to cover your losses.
This coverage is also useful for hit-and-run accidents, which are legally treated as uninsured motorist cases in many situations.
Should You Hire a Lawyer After a Car Accident in West Virginia?
While minor fender-benders might be handled through insurance, more serious accidents often require the help of an experienced lawyer. An attorney can deal with insurers, collect evidence, and negotiate for a fair settlement.
Most personal injury attorneys in West Virginia offer free consultations and only get paid if they win your case.