West Virginia's mountain roads are steep and winding, with coal and freight trucks on many routes, including I-64 and I-77. Fog and winter weather in the hills add risk. West Virginia bars recovery if your fault is equal to or greater than everyone else's combined.
Is West Virginia a no-fault state?
No — West Virginia is an at-fault state. West Virginia is an at-fault state. The driver who caused the crash — through their liability insurer — is generally responsible for the injured person's losses. You can usually file a claim with that insurer, with your own insurer, or file a lawsuit.
West Virginia does not require PIP.
Learn more in our guide to what a no-fault state is.
How does shared fault work in West Virginia?
West Virginia follows a modified comparative fault rule with a 50% bar. Your recovery may be reduced by your share of fault, and you generally cannot recover if you are found 50% or more responsible.
For example, if you were found 20% at fault for a crash in West Virginia, your compensation could be reduced by 20%. If your share reached the 50% bar, you could be barred from recovering from the other driver.
Read more: what comparative fault means.
How long do I have to file a car accident claim in West Virginia?
In West Virginia, the general deadline to file a personal injury lawsuit is two years from the date of the injury, with some exceptions.
Other deadlines can be much shorter. Your insurance policy may require prompt notice of the crash, PIP and uninsured-motorist claims can have their own timelines, and claims against a city, county or the State of West Virginia often need formal notice within months. Different rules can also apply to minors and wrongful death claims.
What are West Virginia's minimum car insurance requirements?
West Virginia requires drivers to carry at least $25,000 per person / $50,000 per accident for bodily injury, and $25,000 for property damage.
Minimum limits are often not enough to cover a serious injury. If the at-fault driver has little or no insurance, your own uninsured/underinsured motorist (UM/UIM) coverage, medical payments coverage or PIP may help. See what to do if an uninsured driver hit you.
What should I do after a car accident in West Virginia?
Get safe, get medical care and protect your evidence. These steps apply anywhere in West Virginia:
- Call 911 if anyone is hurt, and move out of traffic if it's safe — especially on busy roads like I-64 or I-77.
- Call the police and ask how to get the crash report. West Virginia generally requires reporting crashes that cause injury, death or significant damage.
- Exchange names, insurance and plate numbers, and photograph the vehicles, the scene and your injuries.
- Get the names and phone numbers of witnesses.
- See a doctor promptly, even if you feel fine.
- Notify your own insurer, but be careful about giving the other driver's insurer a recorded statement.
- Talk to an independent West Virginia attorney before signing any release, keeping the two years deadline in mind.
Our full what to do after a car accident guide goes into more detail.
Where do car accidents happen in West Virginia?
Crashes happen everywhere, but traffic is heaviest in and around Charleston, Huntington, Morgantown, Parkersburg and Wheeling. Major routes include I-64, I-77, I-79, I-68, I-81 and US-19. Our attorney-matching service covers every county in West Virginia.