The first thing to know is that West Virginia follows a traditional fault-based system when it comes to financial responsibility for losses stemming from a crash: that includes car accident injuries, lost income, vehicle damage, and so on.
So, the person who was at fault for causing the car accident is also responsible for any resulting harm (from a practical standpoint, the at-fault driver's insurance carrier will absorb these losses, up to policy limits).
In West Virginia, a person who suffers any kind of injury or damage due to an auto accident usually can proceed in one of three ways:
Note: In no-fault car insurance states, a claimant doesn't usually have this same range of options. After a car accident in a no-fault state, you must turn to the personal injury protection coverage of your own car insurance policy for payment of medical bills and other out-of-pocket losses, regardless of who caused the crash. Only if your injuries reach a certain threshold can you step outside of no-fault and make a claim directly against the at-fault driver. But West Virginia drivers don't need to worry about no-fault after an in-state accident.
In West Virginia, all registered motor vehicles must be insured by a liability policy that includes at least the following minimum amounts of coverage:
Liability coverage pays the medical bills, property damage bills, and other costs of drivers, passengers, and pedestrians who are injured or have their vehicle damaged in a car accident you cause, up to coverage limits. You can (and in some situations should) carry more coverage to protect you in case a serious crash results in significant car accident injuries and vehicle damage. Once policy limits are exhausted, you are personally on the financial hook, so higher insurance limits can help protect your personal assets in the event of a serious crash.
Your liability coverage will kick in if any family member is driving your vehicle, or if you've given someone else permission to use it. It will likely also cover you if you get into an accident in a rental car.
Remember that liability coverage doesn't apply to your own injuries or vehicle damage after a West Virginia car accident. You'll need different (additional) coverage for that if you're involved in a car accident and no one else's coverage applies to your losses. For example, collision coverage (optional in West Virginia) can pay for repairs to (or replacement of) your damaged vehicle after a car accident. Note that collision or comprehensive might be required under the terms of a vehicle lease or financing agreement.
Yes. On top of the liability car insurance coverage minimums we detailed above, West Virginia also requires that a car insurance policy include uninsured motorist coverage, which protects the policyholder, anyone driving the policyholder's car with permission, and passengers riding in the car if they're injured in a car accident with an at-fault driver who's uninsured.
The required minimum amounts of uninsured motorist coverage in West Virginia mirror the liability requirements we detailed above. They're:
Note that West Virginia law also requires insurers to offer higher optional limits of uninsured motorist coverage, and to give policy purchasers the option to buy underinsured motorist coverage. Learn more about uninsured and underinsured motorist coverage.
According to West Virginia Code section 17D-2A-7, any vehicle owner who fails to comply with the state's coverage requirements may face the following penalties:
Of course, that's all in addition to serious financial consequences if you cause a car accident and you don't have car insurance.
Whether it's an issue related to car insurance coverage after a car accident in West Virginia, or you just want to understand your legal options after crash, it might make sense to discuss your situation with a lawyer. Learn more about how an attorney can help with your car accident case.