There are a number of uninsured motorists on the road in West Virginia. And, unfortunately, uninsured motorists are often unsure of how to proceed when they’ve been injured behind the wheel. Below is an overview of how to approach injury claims in West Virginia if you are an uninsured driver.
What does West Virginia law require?
West Virginia requires that all motorists carry a minimum amount of car insurance. The failure to carry car insurance can result in penalties and fines. Under West Virginia law, the following minimum amounts are required:
- $10,000 of property damage liability coverage
- $20,000 of bodily injury coverage per person per accident
- $20,000/$40,000 of uninsured motorist bodily injury coverage
- $10,000 of uninsured motorist property damage coverage
Who was at fault?
West Virginia is a fault state, which means that whoever is at fault for a car accident is financially responsible for any damage incurred. In a fault state like West Virginia, drivers have specific recovery options available if they are injured in a car accident. For example, an injured driver may file a claim with his or her own auto insurance company. An injured driver may also file a claim with the other driver’s insurance company. In addition, an injured driver may file a personal injury lawsuit against the other driver.
What happens when an injured driver is uninsured?
If an uninsured driver is injured in a West Virginia car accident but wasn’t responsible for the crash, then he or she can simply file a claim with the responsible driver’s insurance company just like an insured driver would do. In addition, an uninsured driver who is injured in a car accident can file a civil claim seeking damages. Unfortunately, though, it can be difficult to determine who was at fault in a car accident, regardless of whether one or more of the parties involved have car insurance. Therefore, due to the difficulty of proving fault in car accident cases, it is advisable to seek the assistance of an experienced West Virginia personal injury attorney before initiating a claim. An experienced personal injury attorney will be able to help prove fault, negotiate with insurance companies, and seek a fair settlement.
West Virginia Personal Injury Attorneys
If you’ve been injured in an accident of any kind, it is important to immediately contact an experienced West Virginia personal injury attorney to discuss your situation. An experienced West Virginia personal injury attorney will protect your legal rights and guide you towards the proper course of action based on your unique situation. At Hewitt & Salvatore, we pride ourselves on providing our clients with the kind of personal attention that bigger law firms cannot match. We treat each individual case as our firm’s top priority, and we take pride in meeting the needs of our many valued clients. You can trust Hewitt & Salvatore to see your claim through to a successful conclusion. Contact our office today for a free case evaluation.