West Virginia Car Accident Settlement and Lawsuits

A look at West Virginia's car accident injury lawsuit filing deadlines and other state laws that could come into play in a car accident case.

Drivers, passengers, and anyone else who has been involved in a car accident in West Virginia will want to have an understanding of the different car insurance requirements and state laws that could affect any claim or lawsuit over the accident. This page provides a summary of the West Virginia-specific resources available on All-About-Car-Accidents.com, plus links to more detailed information.

West Virginia Car Insurance Requirements

Like almost every other state, West Virginia requires vehicle owners to carry adequate car insurance coverage on any vehicle owned and operated in the state. The following minimum amounts of coverage are mandatory in West Virginia:

  • $20,000 for the injury or death of a single person (a passenger, another driver, pedestrian, etc.)
  • $40,000 total for the injury or death of multiple people in a single accident
  • $10,000 for property damage (such as damage to another vehicle), and
  • Uninsured motorist coverage in an amount that is at least equal to the same 20/40/10 minimums detailed above.

For more details on car insurance for vehicles in the state, check out our companion article West Virginia Car Insurance Laws.

West Virginia Car Accident Laws

If you decide to file a lawsuit after a car accident in West Virginia -- or even if you’re only making an insurance claim for the time being -- there are a few state laws to keep in mind, beginning with the time limit for getting a car accident lawsuit started (this is a state law called a “statute of limitations”).

In West Virginia, the statute of limitations that applies to car accident lawsuits gives a prospective plaintiff two years  to go to court and get the case started, whether you’re claiming personal injury or vehicle damage from the accident. (You can see the full text of this law at  West Virginia Code Section 55-2-12.)

If you don’t get your lawsuit filed before the deadline passes, it’s safe to assume that the court will refuse to hear your case when you do try to file. So it’s crucial to pay attention to the deadline, and that’s true even if you think your case is going to settle out of court. You always want to leave open the option of filing a lawsuit, not just for leverage in settlement negotiations, but also to make sure you can turn to the court system for a remedy if the settlement process isn’t promising a satisfactory solution.

Get details on other West Virginia laws that could impact your car accident case in our article Car Accident Laws in West Virginia.      

Contact a Car Accident Lawyer in West Virginia

You might not find it necessary to hire a lawyer for every car accident claim you decide to file. For example, in a situation where the other driver’s insurance carrier isn’t disputing that its insured was at fault for the car accident, and you suffered only minor injuries, it’s probably fine to handle that kind of claim yourself as long as you’re comfortable with the process.

But what if the other driver’s insurer is saying that you caused the car accident? Or what if you suffered serious injuries and the insurer is balking at the extent or the costs of your medical treatment? In those situations, things can get complicated (and contentious) very quickly, and it may be time to discuss your situation with a local car accident lawyer in West Virginia. Remember that most lawyers will take a car accident case on a contingency basis, meaning that the lawyer only gets paid a percentage of any successful settlement or court award.

A good attorney knows how to successfully navigate not just the back-and-forth of settlement negotiations with car insurance adjusters, but also the car accident lawsuit process if your case proceeds to West Virginia civil court.

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