West Virginia Car Accident Law

West Virginia Car Accident Fault

West Virginia has adopted the Proportional Comparative Fault at 50% standard of negligence. Proportional Comparative Fault at 50% means that if the injured party is 50% or more at fault for the car accident, he is absolutely barred from recovery for the other driver’s negligence.

WEST VIRGINIA CAR INSURANCE REQUIREMENTS AND LIMITS

West Virginia Bodily Injury Liability Minimum Coverage

Personal Injury (single passenger): $20,000 in coverage for injury to an individual.

Personal Injury (multiple passengers): $40,000 in coverage for the driver and passengers in the car at the time of the accident.

Property Damage: $10,000 of minimum coverage.

West Virginia Small Claims Limit: Car accident claims under $5,000 should be filed in Small Claims Court.

West Virginia Personal Injury Statute of Limitations: The statute of limitations for personal injury claims in West Virginia is 2 years from the date the injury occurred, or the time the injury was discovered if it could not have been immediately discovered.

West Virginia Statutes Online: West Virginia Code (Statute of Limitations for Personal Injury); West Virginia Code (Insurance Requirements); West Virginia Code Chapter 50, Sections 2.1-6.3 (Small Claims Limits); Rules of Civil Procedure for Magistrate’s Courts, Rules 1-21 (Small Claims Procedure).

WEST VIRGINIA ACCIDENT REPORTS

West Virginia Police Reports: Request a West Virginia State Police Report by completing a Criminal and Crash Report Request Form and mailing it to the West Virginia State Police, Traffic Records Section.

DMV: If a car accident results in injury, death, or $500 or more of property damage, you should contact the police within 5 days of the car accident and file a Report of Motor Vehicle Accident (Form AR-13) with the West Virginia Department of Motor Vehicles within 10 days of the accident if the police do not file a report. If the car accident occurs within a municipality, contact the local police. If the car accident occurs outside of a municipality, report the car accident to the county sheriff’s office.

Insurance Notification: You should promptly notify your auto insurance company of a car accident. In addition, your insurance company may have specific notification requirements, so you should check your insurance policy for these notice requirements.