Why Should I Hire a Local West Virginia Car Accident Attorney? Local attorneys in West Virginia are intimately familiar with state laws and the local community. Their expertise can offer you the best chance of understanding your rights and maximizing your compensation, particularly as they negotiate with insurance companies on your behalf.
What is the Statute of Limitations for an Automobile Accident in West Virginia? In West Virginia, you have a 2-year statute of limitations from the date of the accident to file a personal injury or property damage claim.
What Negligence Standard Applies in West Virginia? West Virginia follows a modified comparative negligence standard, as detailed in W. Va. Code § 55-7-13a and § 55-7-13c(c). This means that you can still recover damages as long as your fault is not greater than the combined fault of all other parties involved. Your compensation will be reduced according to your degree of fault.
Is West Virginia a Fault or No-Fault State? West Virginia is a fault state for automobile insurance.
What Are the Automobile Insurance Requirements in West Virginia? West Virginia requires a minimum of $25,000 for one injury, $50,000 for two or more injuries, and $25,000 for property damage in an accident. Uninsured motorist coverage is also required, with the same minimums.
What Insurance Requirements Apply for Rental Cars in West Virginia? In West Virginia, your personal auto insurance policy serves as the primary insurance when you rent a car. However, if you purchase additional liability insurance from the rental company, that becomes the primary insurance according to W.V. Stat. § 33-6-29.
What Steps Should I Take After a Car Accident in West Virginia?
- Report the Accident: Notify the police if there is at least $500 in property damage or if anyone is injured or killed. Report to local authorities within a municipality or to the sheriff or State Police outside one.
- Move Vehicles, If Possible: Move your vehicle to the side of the road if it’s feasible and safe to do so.
- Turn Off the Ignitions: Make sure all involved vehicles have their ignitions turned off.
- Alert Traffic: Use flares or flashers to warn approaching traffic.
- Call 911: Contact emergency services for medical attention and law enforcement.
- Exchange Information: Swap names, addresses, license plate numbers, driver’s license numbers, and registration details with all parties involved.
- Emergency Kits: It’s advisable to have a first aid kit and a vehicle emergency kit with essentials like gloves, bandages, antibiotic ointment, a flashlight, jumper cables, a jack, and flares.
What Happens if I Don’t Have Proper Insurance? Failure to maintain adequate insurance coverage in West Virginia results in suspension of your driver’s license and vehicle registration.
What Should be in My Emergency Kits? For first aid, include latex gloves, bandages, gauze, tape, ointments, and necessary prescription medications. For a vehicle emergency, include a flashlight, jumper cables, a jack, flares, sturdy gloves, a basic tool kit, and a warm blanket.