Are you wondering if West Virginia is a no-fault state? Knowing whether your state operates under a no-fault or at-fault insurance system is crucial. It affects legal proceedings and insurance claims in the event of an accident. This blog will clear up any confusion about West Virginia’s stance, helping you understand the laws and how they impact residents. Let’s dive in and explore the specifics.
No-fault insurance is a type of car insurance system where your own insurance company pays for certain losses, regardless of who was at fault in an accident. This system is designed to speed up the claims process because you don’t have to prove the other driver was at fault to receive payment for minor injuries.
Under no-fault insurance, policyholders and their passengers are typically covered for medical expenses, lost earnings, and other reasonable and necessary expenses related to injuries sustained in a car accident. However, no-fault insurance doesn’t cover property damage or serious injuries where the threshold for suing in court is met.
The primary goal of no-fault insurance is to reduce the number of lawsuits resulting from car accidents, helping to keep court costs and insurance premiums lower. It simplifies the claims process, allowing you to receive benefits quickly and recover sooner without getting tangled in legal disputes over who caused the accident.
Is West Virginia a no-fault state? The simple answer is no. West Virginia operates under an at-fault insurance system. This means that the driver who is legally at fault for causing the accident is also responsible for paying the damages.
In West Virginia’s at-fault system, if you’re involved in an accident, you have several options:
This system allows for flexibility in how you handle post-accident procedures, but it also requires proving fault to receive compensation. Determining who is at fault in an accident typically involves an investigation by insurance companies, which review the accident report, inspect the vehicle damage, interview witnesses, and assess any relevant traffic laws or conditions that could have contributed to the incident.
As a fault-based state, West Virginia imposes certain minimum insurance coverage amounts every driver must carry to lawfully be on the road. Auto insurance policies will pay for victims’ damages after an accident, up to the policy’s maximum. The following are the minimum insurance amounts required in the state.
These are the bare minimum amounts. Drivers may opt for additional coverage for themselves or others if they wish. Failing to maintain adequate insurance amounts can result in fines of up to $5,000 and a suspended license.
Only 12 states in the country abide by no-fault insurance laws. In a no-fault state, neither driver has to determine fault before calling their insurance companies. They will seek benefits from their own auto insurers, regardless of fault. The only time someone in a no-fault state would need to know who or what caused the wreck is if the victim is pursuing damages through a personal injury lawsuit. This is only possible in no-fault states if the victim has serious, debilitating injuries.
Under West Virginia’s fault laws, someone injured in a car accident must identify the at-fault party before filing an insurance claim. This is because the claim will go through the at-fault party’s insurer. Most people will not admit fault at the scene, even if they know they were in the wrong. It is important to call 911 and report the accident if you have injuries or expensive property damage. Police can investigate and assign fault, giving you the ability to call the correct auto insurance company.
You typically have to file your insurance claim as soon as possible for the provider to accept it as valid. This could be 24 hours to a few weeks after your accident. Make sure to get the other driver’s insurance information before leaving the scene of the accident. Once you have received medical care, call the insurance company and report the crash. Do not admit any fault over the phone and do not agree to give a recorded statement. Call a West Virginia car accident lawyer for a free consultation before accepting a settlement.
West Virginia’s tort-based insurance laws give victims the right to file lawsuits against at-fault parties for actual damages. You do not need to prove your injuries are serious before filing a civil claim. You do, however, have to make sure you file within the state’s two-year deadline. A personal injury lawsuit could result in greater compensation for your damages than an insurance settlement alone. You could recover compensation for other types of losses besides medical bills and property damage.
If you suffered serious injuries or lost a loved one in a West Virginia car accident, speak to a West Virginia personal injury attorney about a potential personal injury lawsuit. A lawsuit against the at-fault driver or another party could yield the financial recovery you need to move forward. Call today to set up a free consultation with a qualified Morgantown car accident lawyer.
Attorney Timothy Manchin established the Manchin Injury Law Group in 2011 after his law partner of more than 25 years became a West Virginia circuit court judge. His focus is on helping individual clients and entire families victimized by negligent acts.
We offer a free initial consultation at our office in the Manchin Professional Building — our home since 1983 — conveniently located in Fairmont.
If you are unable to visit our firm, we can come to your home or hospital room.
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