West Virginia Car Insurance Requirements

An overview of West Virginia's minimum car insurance requirements, how coverage is likely to affect a car accident claim, and the consequences of driving without insurance in West Virginia.

No matter where you live, car insurance is sure to play a big part in any claim you decide to bring after a car accident. Read on for the details of West Virginia's auto insurance requirements, how coverage affects claims made in the wake of a crash, and the kinds of penalties you're likely to face if you drive without insurance in West Virginia.

West Virginia is a "Fault" Car Accident State

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:

  • by filing a claim with his or her own insurance company, assuming that the loss is covered under the policy (in this situation, the injured person's insurance company will likely turn around and pursue a subrogation claim against the at-fault driver’s carrier)
  • by filing a third-party claim directly with the at-fault driver’s insurance carrier, or
  • by filing a personal injury lawsuit in civil court against the at-fault driver.

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.

Car Insurance Requirements in West Virginia

In West Virginia, all registered motor vehicles must be insured by a liability policy that includes at least the following minimum amounts of coverage:

  • $25,000 liability coverage for bodily injury or death of one person in an accident caused by the owner/driver of the insured vehicle
  • $50,000 liability coverage for total bodily injury or death liability in an accident caused by the owner/driver of the insured vehicle
  • $25,000 liability coverage for property damage per accident caused by the owner/driver of the insured vehicle.

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.

Driving Without Insurance in West Virginia

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:

  • For a first offense, your driver's license will be suspended for 30 days and until proof of insurance is provided, and you'll be required to pay reinstatement fees. (Note that if compliance can be shown before the suspension takes effect, and a $200 penalty is paid, registration/license suspension may be avoided.)
  • For second and subsequent offenses (within five years), your driver's license will be suspended for 90 days, and your registration will be revoked until you provide proof of insurance (and you'll be required to pay reinstatement fees.)

Of course, that's all in addition to serious financial consequences if you cause a car accident and you don't have car insurance.

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