What to do after a West Virginia car accident to protect your rights and build a strong injury claim.
On average, at least 3 people are seriously injured every day on West Virginia roadways.¹
West Virginia is a traditional fault state. This means you can pursue compensation from the at-fault driver after an accident. In most cases, this starts with a claim against the other driver’s insurance company. You also have the right to file a lawsuit against the at-fault parties.
Here’s what you need to know about West Virginia traffic laws and injury claims.
What to Do After a West Virginia Car Accident
Drivers who violate West Virginia car accident laws are risking fines, traffic citations, and potential imprisonment, depending on the violation. Here are five steps you can take after an accident to comply with the law and start building a strong insurance claim.
1. Stay At the Scene and Exchange Information
West Virginia drivers are required to stop and remain at the scene of an accident involving injury or death. Leaving an accident scene involving serious bodily injury is a felony offense.
Drivers must provide their name, a valid telephone number, and the year, make, model, and last four digits of the vehicle identification number of the vehicle. Drivers must also provide proof of insurance.
2. Call 911 and Help the Injured
In West Virginia, drivers are required to report an accident to the police in the quickest way possible. Drivers also must render reasonable assistance to the injured, including arranging transport to the nearest medical facility if the person asks or they’re obviously injured.
Calling 911 can satisfy your legal obligation to report the crash and render aid.
3. Seek Prompt Medical Treatment
The worst thing you can do after a motor vehicle accident is refuse or delay medical attention. You could have serious injuries, like brain trauma or internal bleeding, that aren’t obvious right away.
Not only would you be risking your health, but you’d be handing the insurance company an excuse to deny or minimize your claim. The adjuster will argue that your injuries didn’t happen in the accident or the delay made your injuries worse.
Let paramedics examine you at the scene. If they want to take you to the hospital, go with them. If you aren’t taken to the hospital by ambulance, go to an urgent care center on your own, preferably on the same day as the crash.
Tell your medical provider about every injury and symptom, not just the most painful one. You’re entitled to payment for all your injuries, even the minor ones.
4. Gather Evidence From the Scene
Because West Virginia is a traditional fault state, you have to prove the other driver caused the accident before their insurance company will accept your claim. You’ll need evidence to prove the other driver did something wrong or failed to do what any reasonable person would do to prevent the accident.
The police crash report is strong evidence of fault, especially if the other driver was cited for a traffic violation. Other types of evidence include:
- Photographs and video of the crash scene
- Names and contact information from witnesses
- Your personal notes about the accident
5. Notify Both Insurance Companies
If you are handling your own insurance claim without an attorney, you will need to notify both your own insurance company and the at-fault driver’s insurer as soon as possible after the accident.
You don’t have to wait until you’re fully recovered before notifying the at-fault driver’s insurer of your injury claim.
The insurance company will usually send you a letter with a claim number and the adjuster’s contact information. You might get a call from an adjuster offering to settle your claim right away, but watch out. It’s rarely in your best interest to settle while still under a doctor’s care.
Offering fast cash is an adjuster tactic to get rid of you for far less than your case is worth. It’s okay to tell the adjuster you’ll get back to them when you are ready to discuss settlement.
Why Notify Your Own Insurance Company?
Your auto policy is a legally binding contract that includes a “notification and cooperation” clause. The clause means you’re required to notify your insurance company of an accident right away, no matter who’s at fault. In return, your insurance company has an obligation to defend you against lawsuits filed by the other driver or passengers.
You could lose valuable protections if you fail to notify your insurance company in a timely manner, or don’t cooperate with their accident investigation.
Always consult an experienced personal injury attorney for severe or complicated injury claims. An attorney can protect you from allegations of shared fault, get important evidence to prove your case (that you might not be able to get on your own), and deal with both insurance companies on your behalf.
West Virginia Fault and Liability Rules
West Virginia is a traditional fault state, meaning you can pursue compensation from the at-fault driver and any other parties that may be liable for your injuries. However, in a traditional fault state you bear the burden of proving fault.
Besides the at-fault driver, other parties at fault can include the vehicle’s owner (if not the driver), and the driver’s employer if they were on the job when the accident occurred.
West Virginia Shared Fault Rules
West Virginia is a modified comparative fault state, also called the 51 percent rule. This rule means you can seek compensation from the other party so long as you are not more to blame than they are. Your payout will be reduced by your percentage of shared fault.
Example of Modified Comparative Fault in West Virginia
Kelly was driving along Maple Street approaching the four-way-stop intersection at Stephen Street in Martinsburg, busy talking to a client on her phone. Distracted and in a hurry, she only tapped her brakes going through the stop sign.
Linda was traveling on Stephen Street and stopped at the stop sign before proceeding to make a left turn onto Maple.
The two vehicles collided, injuring both drivers. Linda was cited for not yielding the right of way when making a left turn. The police report also had witness statements that Kelly was speeding and didn’t stop at the stop sign.
Kelly eventually made a $100,000 demand to Linda’s insurance company for her injuries, lost wages, and pain and suffering. When negotiations failed, she filed a lawsuit against Linda.
At trial, the jury considered the police report, witness statements that Kelly was speeding and didn’t stop for the stop sign, and phone records proving Kelly was on the phone when the crash occurred. The jury found Linda to be 45 percent to blame for the crash, and Kelly to be 55 percent at fault for the accident.
Because of West Virginia’s 51 percent rule, Kelly was barred from compensation. She left the court empty-handed.
West Virginia Car Accident Compensation
The average settlement for a moderate car accident claim in West Virginia is $48,375, with average payouts ranging from $7,380 for minor injuries to $431,712 for severe injuries.
Injury settlements in West Virginia can vary widely, depending on the circumstances surrounding the crash and the severity of the victim’s injuries.
For example, look at these two rear-end accident cases with low and high payouts:
- In Kanawha County, Roth v. Energy Specialities, LLC, 11-C-394, the plaintiff was awarded $3,000 for a torn rotator cuff. The plaintiff had a prior history of shoulder problems.
- In Harrison County, Retton v. Barrett, 12-C-336-1, the jury awarded $1,013,056 for back injuries. The award included $200,000 in punitive damages against the at-fault driver’s employer.
Factors that impact West Virginia car accident compensation:
- Injury severity
- Shared fault
- Available insurance coverage
- Number of vehicles involved
- Number of injured victims
Commercial vehicles, like delivery vehicles, coal trucks, and tractor-trailers, carry higher levels of liability insurance than most personal vehicles. Accidents caused by commercial drivers in large vehicles often result in more severe injuries and higher payouts.
West Virginia State Minimum Insurance Requirements
West Virginia is a mandatory insurance state. Vehicle owners must carry insurance liability limits of at least $25,000 per person/$50,000 per accident for bodily injury, and $25,000 for property damage.
West Virginia drivers must carry uninsured motorist (UM) coverage equal to the minimum required liability limits. Insurance companies are obligated to offer underinsured motorist (UIM) and higher levels of UM coverage, but policyholders have the right to waive the optional coverages.
How to Calculate a Minor Injury Settlement
You can estimate the settlement value of a mild to moderate injury claim by adding up your economic damages, like medical bills, out-of-pocket expenses, and lost wages, then adding one to three times that amount to account for your non-economic damages, better known as pain and suffering.
The amount the insurance company will pay for pain and suffering depends on how much your injuries impacted your life after the accident. A multiple of one is reasonable for a few days on the couch with a heating pad. A multiple of two or three is justified for a torn knee ligament that limited your activities for several months.
Serious injury claims should be handled by an experienced car accident lawyer for the best outcome, including compensation for past and future medical expenses, lost earning capacity, and the pain and suffering that arises from disabling physical injuries.