West Virginia Car Accident Law, Lawyers and Attorneys
UPDATED: February 17, 2020
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident law decisions. Finding trusted and reliable legal advice should be easy. This doesn't influence our content. Our opinions are our own.
Car accidents are common throughout the United States, and the state of West Virginia is no exception. In 2008, nearly 42,000 traffic accidents occurred within the stateï¿½s borders. If you or a loved one has been in a car accident, and youï¿½re looking for help, take a look at the resources and links provided below. Of course, if the accident just occurred, or you or someone else is injured, the very first thing you should do is call 911. The information available on FreeAdvice.com deals with assessing your rights and responsibilities after the accident, and should be referred to only after youï¿½ve addressed your immediate health needs. Our car accident articles cover issues ranging from claims and fault data, to liability issues and the context behind structured settlements. Youï¿½ll also find rules, laws and other information specific to the state of West Virginia, as well as links to West Virginia personal injury attorneys who can evaluate your claim and determine the best course of action for proceeding.
West Virginia Car Accident Articles:
How an Auto Accident Insurance Claim Works
What is Your Car Accident Injury Claim Worth
Who is at Fault?
Car Insurance and Auto Accidents: Are You Covered?
What You Can Expect to Recover for Property Damage in Auto Accident Cases
Auto Accidents: Options if Youï¿½re at an Impasse with the Insurance Adjuster
Car Accidents Involving Government-Owned Vehicles and Government Workers
Do I Need to Contact an Attorney After a Car Accident
West Virginia Car Accident Lawyers:
Find an experienced West Virginia Car Accident Attorney at AttorneyPages.com
Special Rules for West Virginia Car Accidents:
West Virginia Fault: Proportional Comparative Fault @ 50%
West Virginia Car Insurance Requirements/Limits: Bodily Injury & Property Damage Liability. The minimum level required by law is:
$20,000 per person for bodily injury AND $20,000 for uninsured motorist coverage per person for bodily injury
$40,000 per accident for bodily injury AND $40,000 for uninsured motorist coverage per accident for bodily injury
$10,000 per accident for property
Proof of this liability insurance must be kept available in the vehicle at all times, including when registering a vehicle, renewing license plates, or anytime a police officer or the Department of Revenue asks you to show proof of insurance.
West Virginia Small Claims Limits: $5,000
West Virginia Personal Injury Statute of Limitations: 2 years
West Virginia Auto Accidents Involving Government Vehicles: In most cases, government entities receive protection from private lawsuits under a legal doctrine known as ï¿½government immunityï¿½ or ï¿½sovereign immunity.ï¿½ However, this doctrine doesnï¿½t always provide complete protection to the government. In some cases, it may just mean that you have to meet extra notice requirements before filing your lawsuit. For more information on this type of government protection, follow this link to the FreeAdvice.com article on vehicle accident claims against government entities.ï¿½ Keep in mind that, depending on which government entity, there are frequently special requirements for how long you have to notify them of your claim. See below for some West Virginia specific details:ï¿½
Requirements for Filing Against Government Entities:
1) For filing against the Federal Government: Use Standard Form 95 and follow the instructions on the back page. The form must be completed and submitted to the appropriate agency within two years after the claim accrues.
2) For filing against the State of West Virginia: Consult a qualified West Virginia car accident attorney for a free case evaluation and for more information.
3) For filing against a West Virginia county or municipality: The requirements vary with the entity, so youï¿½ll have to contact the specific county or agencies involved. See West Virginia Personal Injury Venue below for more information on where and how to file a claim. See this directory for a list of all West Virginia state agencies.
In dealing with accidents involving government entities and workers, be aware that there are always special notices to be filed against the appropriate government unit responsible, whether in risk management, attorney generalï¿½s offices, or local agencies, and the time periods are limited in all cases (as little as 30-180 days). The rules can be confusing, so carefully check the forms linked above before you fill them out. Any mistakes in filing or failing to file on time could result in losing your ability to recover for your damages and injuries. Consult an experienced attorney right away to preserve your rights. Also seeCar Accidents Involving Government-Owned Vehicles and Government Workers.
West Virginia Personal Injury Venue (Where to File Your Lawsuit): In the magistrateï¿½s court located where the defendant (the person you are suing) lives or does business. Alternatively, you might consider filing in a court located where the accident occurred. If you are filing a claim against a government agency and are unsure of which agency is responsible, the most prudent course is to file a separate claim against each agency, or contact a West Virginia auto accident attorney. ï¿½