West Virginia Car Accident Rules & Regulations

Insurance System & Requirements

System type: West Virginia operates under a traditional "fault" system. This means that the driver found to be at fault for causing an accident is responsible for the resulting damages. In such cases, the at-fault driver's insurance typically covers the costs.

Minimum liability required: All drivers in West Virginia are required to carry liability insurance with at least the following minimum coverage limits:

• $25,000 for bodily injury per person
• $50,000 for bodily injury per accident (if multiple people are injured)
• $25,000 for property damage per accident

Optional coverages: 

• Uninsured motorist coverage (UM): In West Virginia, insurers are required to offer UM coverage, which protects you if you're involved in an accident with a driver who doesn't have insurance. The maximum offer includes:
  • Up to $50,000 for property damage
  • Up to $100,000 per person and $300,000 per accident for bodily injury
• Underinsured motorist coverage (UIM): UIM coverage comes into play when you're involved in an accident with a driver whose insurance limits aren't sufficient to cover your damages. In West Virginia, insurers must offer UIM coverage with minimum limits of:
  • $25,000 for property damage
  • $25,000 per person and $50,000 per accident for bodily injury
• Medical Payments coverage (MedPay): This covers medical and funeral expenses for you and your passengers, regardless of who is at fault in an accident
• Collision coverage: Pays for damage to your vehicle resulting from a collision with another vehicle or object or if your car rolls over. This coverage is often required if you have a car loan
• Comprehensive coverage: This covers damage to your vehicle caused by events other than collisions, such as fire, theft, vandalism, flood, or hail. Like collision coverage, it's typically required if your vehicle is financed

Rideshare insurance requirements: West Virginia law requires specific insurance coverage for Transportation Network Companies (TNCs) and their drivers. 

• When the driver is logged into the app but has not accepted a ride request:
  • $25,000 for bodily injury or death per person
  • $50,000 for bodily injury or death per accident
  • $25,000 for property damage per accident
• When the driver is actively transporting a passenger:
  • Minimum coverage required: $1 million for death, personal injury, and property damage
  • Uninsured motorist coverage: Up to $50,000 for property damage, $100,000 per person, and $300,000 per accident for bodily injury

Penalties for non-compliance: 

• License suspension:
  • First offense: 30-day suspension
  • Second or subsequent offenses (within five years): 90-day suspension
  • Reinstatement: $50 fee and provide proof of active insurance
• Vehicle registration suspension: 
  • If you fail to provide proof of insurance, your vehicle registration may also be suspended
  • $100 reinstatement fee plus proof of insurance
  • If law enforcement issues a secure order on the plate, a $50 fee may apply
• To reinstate your registration, you must complete the suspension period, pay fees, and provide valid proof of insurance
• Fraudulent insurance proof: This leads to a 90-day suspension, fines up to $1,000, and up to one year in jail

Fault & Negligence Laws

Negligence type

West Virginia follows a modified comparative fault system, meaning that fault is assigned as a percentage to each party involved in an accident. An injured party can recover damages only if they are 50% or less at fault for the accident. They cannot receive compensation if they are 51% or more responsible.

Multi-vehicle collisions

In accidents involving multiple vehicles, West Virginia law requires each driver’s degree of fault to be determined separately. Each defendant is only responsible for their share of the damages, except in cases where two or more parties plan or deliberately act together to cause harm. 

Those defendants may be jointly and severally liable in such cases, meaning they share full financial responsibility.

Passenger rights

Passengers injured in a car accident can seek compensation from the at-fault driver(s). Since passengers are rarely at fault, they can typically recover damages without reduction. However, if a passenger’s actions contributed to their injuries, their compensation may be reduced based on comparative fault rules. 

In wrongful death claims, a deceased passenger’s family may pursue damages without their compensation being reduced due to the victim’s fault.

Statute of Limitations

• Personal injury: A lawsuit for personal injuries resulting from a car accident must be filed within two years from the accident date
• Wrongful death: If a person dies as a result of a car accident, the deceased’s personal representative must file a wrongful death claim within two years of the date of death
• Property damage: If your vehicle or other personal property is damaged in an accident, you have two years from the date of the damage or its discovery to file a lawsuit

Claims against the government: 

• If you are filing a claim against a state agency, you must provide written notice at least 30 days before initiating a lawsuit
• A claim involving a local government (e.g., cities, counties, school districts) must be filed within two years from the date the injury or damage occurred or was discovered. This applies to all personal injury, property damage, and wrongful death claims against local government entities
• If the victim was a minor under 10 years old at the time of the accident, the claim must be filed within two years from the date of injury or before the child’s 12th birthday, whichever allows more time

Exceptions to the rule

• Minors: If the injured party is under 18 years old, the statute of limitations is paused until they turn 18
• Mental incapacity: If the injured person was mentally incapacitated at the time of the accident, the statute of limitations may be extended until they regain legal capacity
• Discovery rule: If an injury or damage was not immediately apparent, the statute of limitations may begin when the harm is discovered or should have been reasonably discovered
• Absence from the state: If the at-fault party leaves West Virginia after the accident but before a lawsuit is filed, their time outside the state does not count toward the statute of limitations

Procedures for MVAs & Police Involvement

When to file a report

West Virginia law requires drivers to report a crash under the following circumstances:

• The accident resulted in bodily injury or death of any person
• The accident caused $1,000 or more in total property damage

Filing a report

When law enforcement is called to the scene of an accident, the responding officer will complete an official crash report. 

If the police do not investigate the accident, it is recommended that you document the scene, exchange information with all parties involved, and contact your insurance provider as soon as possible.

Accessing accident reports

If a local police department investigated your accident, you can request a copy of the report by visiting the department in person or contacting them directly.

If the West Virginia State Police investigated your crash, you must complete a Criminal and Crash Report Request Form and mail it with the required fee. The fee varies from $20 to $50, depending on the type of report requested.

West Virginia State Police
Traffic Records Section
701 Jefferson Road
South Charleston, WV 25309

Types of Compensation Available & Their Limits

• Economic damages: Economic damages cover monetary losses directly caused by a car accident
• Non-economic damages: These compensate for intangible losses such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship
  • Damage caps: West Virginia does not place a cap when seeking compensation for economic and non-economic damages in personal injury cases

Punitive damages: West Virginia caps punitive damages at four times the amount of compensatory damages or $500,000—whichever is greater.

Claims against the government: 

• When suing the state, there is no damage cap placed on economic losses
• Non-economic damages are capped at $500,000 per person per claim
• Punitive damages cannot be awarded against government entities

Medical Payments & Health Coverage

At-fault driver’s insurance: West Virginia operates under a fault-based system, meaning the driver responsible for the accident is liable for resulting damages. If another driver is at fault, their liability insurance should cover your medical expenses.

MedPay coverage:  MedPay is an optional coverage you can add to your policy. It covers medical expenses for you and your passengers, regardless of who is at fault. This can be particularly beneficial for immediate medical costs while waiting for settlements from liability claims.

Your health insurance: Your personal health insurance can cover medical expenses from a car accident. Typically, your healthcare provider will bill your health insurance first. Once your coverage limits are reached, secondary sources like MedPay can be utilized.

UM coverage: If you're involved in an accident with an uninsured driver, UM coverage can help pay for your medical expenses. In West Virginia, UM coverage is mandatory, ensuring protection in such scenarios.

UIM coverage: If the at-fault driver's insurance isn't enough to cover all your medical expenses, UIM coverage can bridge the gap. This optional coverage provides additional financial protection.

Out-of-pocket payments: In situations where insurance doesn't fully cover your medical expenses, you may need to pay out-of-pocket. You will be reimbursed when you reach a settlement with the at-fault driver.

Medical liens: Healthcare providers or insurance companies may place a lien on any settlement you receive from the at-fault party. This means they have a legal right to a portion of the settlement to cover the medical services provided.

Subrogation: This is a process where your insurance company seeks reimbursement from the at-fault party's insurer after paying your claim.

Unique Local Considerations

Snow and ice: West Virginia’s mountains receive heavy snowfall, making roads slippery and dangerous. Black ice is common in shaded areas, increasing the risk of skidding and crashes.

Heavy rain and flooding: The state’s rugged terrain leads to frequent flash floods, especially in valleys and low-lying roads. Floodwaters can wash out highways, causing road closures and accidents.

Extreme temperatures: The state experiences both extreme heat and cold. Heatwaves can cause tire blowouts, while freezing temperatures lead to icy roads and stalled vehicles.

Fog: Dense fog is common in the river valleys and mountainous regions, significantly reducing visibility and increasing the risk of highway crashes.

Tornadoes and storms: While tornadoes are rare, severe storms, particularly in spring and summer, bring high winds and fallen trees that block roads and damage vehicles.

Deer collisions: West Virginia leads the nation in deer-related crashes, with peak accidents occurring from October to December. Rural highways and forested areas are the most dangerous, so it's important to stay alert, especially during dawn and dusk. 

Other wildlife risks: Bears, coyotes, and raccoons frequently cross roads, particularly in wooded and mountainous regions, leading to sudden and unexpected collisions.

For real-time road and weather updates, visit WV511 to stay safe on West Virginia’s roads.

Local Resources & Contacts

West Virginia Department of Transportation (WVDOT): https://transportation.wv.gov/

West Virginia Division of Motor Vehicles: https://transportation.wv.gov/DMV/

West Virginia Offices of the Insurance Commissioner: https://www.wvinsurance.gov/

West Virginia State Police (WVSP): https://www.wvsp.gov/