Being involved in a car accident can be a traumatic experience, leaving you feeling overwhelmed. Whether the accident is minor or serious, it’s important to stay calm and follow a few essential steps to protect your safety, legal rights, and future claims. Here’s what you should do after a car accident in West Virginia:
Your first priority should be ensuring everyone’s safety. Check yourself and others involved in the accident for injuries. If someone is injured, call 911 immediately.
Even if no one seems hurt, seek medical attention as soon as possible. Some injuries, like whiplash or internal damage, may not show symptoms immediately.
Never leave the scene of an accident, especially if there are injuries or property damage.
Leaving the scene can result in a hit-and-run charge, which carries severe legal consequences.
Stay put until law enforcement allows you to leave.
Even if the accident appears minor, always call the police to report it.
In West Virginia, accidents involving injury, death, or property damage exceeding $1,000 must be reported.
The police report will provide a formal account of the incident, which can be crucial for insurance claims and legal proceedings.
Before leaving, exchange the following details with the other driver(s) involved:
If the vehicle is not registered to the person driving, make sure to get the owner’s contact information.
Take pictures of the accident scene from all angles, including any damage to vehicles and surrounding property.
This documentation will be invaluable for your insurance claim and legal case.
Also, make note of the time, date, and weather conditions at the time of the accident.
If there are any witnesses, ask for their contact information and what they saw.
Be respectful and don’t pressure them into providing a statement if they’re not comfortable doing so.
Witness statements can be helpful if there’s a dispute about the cause of the accident.
Report the accident to your insurance company as soon as possible.
Be honest and provide a clear and detailed account of what happened.
Avoid lying or withholding information, as doing so could lead to denied coverage or legal consequences.
If you were injured in the accident or the other driver was at fault, consult with a personal injury attorney.
A lawyer can help you navigate the legal process, protect your rights, and ensure you receive the compensation you deserve.
Don’t wait too long—West Virginia has a statute of limitations of two years for car accident claims.
While knowing what to do is essential, it’s equally important to avoid certain actions that could harm your case or complicate matters. Here’s what you should not do:
Never admit fault at the scene. Statements like “I’m sorry” or “I didn’t see you” could be interpreted as an admission of liability, which may hurt your case.
Leave the determination of fault to law enforcement and the insurance companies.
As mentioned, leaving the scene of the accident is illegal and can lead to criminal charges.
Stay at the scene until law enforcement tells you it’s okay to leave.
Avoid arguing or assigning blame at the scene. Keep interactions polite and limited to exchanging necessary information.
Arguments can escalate tensions and may result in unnecessary confrontations.
Even if you feel fine, don’t skip a medical check-up. Some injuries may not be immediately visible.
A medical exam will help document any injuries that could develop symptoms later.
Notify your insurer promptly. Failing to do so may complicate your claim or delay the compensation process.
Avoid settling the case too quickly, especially without fully understanding the extent of your injuries and damages.
Accepting a quick settlement may not cover all your medical expenses or lost wages.
Refrain from posting about the accident on social media. Insurance companies and legal teams may use your posts against you, even if you don’t intend for them to be taken out of context.
In West Virginia, drivers are required to have a minimum level of insurance coverage.
Understanding West Virginia’s insurance laws will help you navigate your claim and ensure you meet the state’s legal requirements.
West Virginia follows a modified comparative negligence system. This means your compensation may be reduced based on your degree of fault in the accident.
Consulting an attorney will help you understand how this may affect your case.
West Virginia law mandates the following minimum insurance coverage for drivers:
Be sure to check if the other driver has sufficient coverage before proceeding with a claim.
Knowing the common causes of accidents can help you stay vigilant on the road and avoid potential collisions. Some of the leading causes of accidents in West Virginia include:
At Manchin Injury Law Group, we understand how stressful it can be after a car accident. Our experienced car accident attorneys are ready to help you navigate the legal system, protect your rights, and pursue the compensation you deserve.
If you’ve been involved in a car accident in West Virginia, don’t hesitate to reach out for a free consultation. Our team is here to guide you through the process with compassion, experience, and dedication.
Associate Attorney at Manchin Injury Law Group
Practice Area: Personal Injury
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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