How Car Accident Compensation Works in West Virginia

West Virginia is a fault state, which means the person who is at fault for the accident must cover the damages of the injured.

West Virginia also has a comparative negligence law, which means fault can be shared between both parties. If you are found partially at fault, that will affect the compensation awarded to you.

When it comes to car insurance, requirements vary by state. In West Virginia all vehicles registered in the state must have the following coverage:

• Bodily Injury (BI) coverage. Minimum liability coverage of $25,000 per person and $50,000 per accident.
• Property Damage (PD) coverage. Minimum liability coverage of $25,000 per accident.
• Uninsured Motorist (UM) insurance. This pays for your damages if you are hit by a driver who doesn’t have insurance. The UM requirements are the same as the liability requirements: $25,000 for bodily injury per person, $50,000 per accident, and $25,000 for property damage.

The following optional types of insurance are available in West Virginia:

• Underinsured motorist (UIM) coverage. This insurance pays for damages if you are hit by a driver who has some insurance, but not enough to cover the full amount of damages.
• Medical payments. Coverage that pays medical bills for you and anyone else in your car, regardless of fault.
• Collision. Pays for vehicle damage sustained in an accident, regardless of fault.
• Comprehensive. Pays for vehicle damage in non-collision incidents, like fire, theft, or vandalism.

Insurance is an important piece of any car accident claim. A car accident attorney can review the applicable insurance policies and determine how much coverage is available.

If you were injured in a car accident in West Virginia, you have the right to file a lawsuit against the other driver. If you are thinking of taking this course of action, it is important you are aware of the statute of limitations. This is a legal deadline to take legal action.

In West Virginia, the deadline to file is two years from the date of the accident. For a wrongful death claim, the deadline is also two years but instead of starting on the date of the accident, it starts on the date the deceased passes away. However, other deadlines can apply in some situations, so always talk to an attorney who can explain the deadlines that apply to your case.

Two years may seem like a long period, but it is in your best interest to act fast. When you delay filing a lawsuit, your case is likely to weaken. It is best to file as soon as possible so your supporting evidence is as strong as it can be.

To calculate the value of your claim, three main factors are considered: the severity of your injuries, the effect your injuries have had on your life, and the available insurance to cover your injuries.

There are two main types of damages you can be compensated for: economic and non-economic. Economic damages are expenses that are associated with a specific dollar amount. Some common examples include:

• Medical expenses. This includes both present and future medical expenses like doctor visits, treatments, and medications.
• Lost wages. This includes income you were forced to miss out on due to an inability to return to work.
• Property damage. This includes repairs to any personal property including your vehicle.

Non-economic damages are not directly linked to a dollar amount but still have a huge effect on your life. Some common examples include:

• Pain and suffering. Describes both physical and mental injuries.
• Emotional distress. Includes panic attacks, depression, or any emotional trauma.
• Loss of consortium. Describes the loss of intimacy and comfort in relationships.

Both economic and non-economic damages can severely impact your life. An experienced attorney will evaluate your damages and calculate an estimated claim value and fight for the compensation you not only need but deserve.

Although auto insurance is required in West Virginia, many drivers get behind the wheel uninsured. If you’re hit by an uninsured driver, you’ll be covered by your uninsured motorist insurance. All you’ll have to do is file a UM claim with your insurance company.

That said, even when dealing with your own insurance company, it’s still best to have an attorney on your side. Your lawyer can advocate for your interests throughout the process and fight for full value for your claim.