Car Accidents in West Virginia and the Role of Adjustor Regarding Accident Victims
Currently in West Virginia, the insurance companies are changing their approach on how adjustors handle the claims of persons involved in automobile accidents. When someone is in an accident, it is not something that they want in their lives.
Often, it is the first time they may have a claim that involves injury to themselves or to a loved one. They are looking for help and are fearful that if they contact an attorney that it may be viewed negatively or could cost them.
Some unethical adjustors take advantage of this situation. They contact victims in their hospital rooms and obtain statements while they are under medication or at their homes when they are still reeling from the accident and confused. If an adjustor has treated someone improperly a complaint can be filed with the insurance commissioners office.
Most people do not know that they can contact a lawyer free of charge with answers to what appears to be a confusing issues. First, you do not have to talk to an adjustor.
Although the adjustor may appear to be kind, his or her's primary concern is protecting their employer, the insurance company. They will do this by negating or eliminating liability on their insured and by minimizing your injuries.
An adjustor will do this under the guise of obtaining an interview which will be recorded, often when you are not in the emotional state to give one. You do not have to give a statement to or talk to an adjustor. Often after an accident a person will not know the full extent of their injuries and will tell an adjustor "I think I'm ok" when in reality they are not.
Second, you do not have to sign any papers for the adjustor or insurance company. Some adjustors will try to get an injured person to sign a medical release so they can obtain your confidential medical records. There is not a requirement for you to sign a medical release.
In fact, the HIPPA requirements were developed to protect your right to privacy regarding your medical treatment. Some companies store these records in a database which they will use without you consent.
Key Legal Takeaways & Summary
Essential West Virginia Legal Principles Established in This Case:
- •This analysis of "Car Accidents in West Virginia and the Role of Adjustor Regarding Accident Victims" highlights the essential legal protections and obligations established under West Virginia civil and statutory law.
- •Under West Virginia's modified comparative negligence framework (W. Va. Code § 55-7-13a), an injured motorist may recover damages provided their degree of fault does not exceed 50%.
- •Preserving physical evidence—including vehicle electronic data recorder (EDR) logs, witness statements, and accident reconstruction data—is vital immediately following a collision.
Frequently Asked Questions
Common questions and legal analysis regarding claims under West Virginia law:
What steps should I take immediately after a motor vehicle accident in West Virginia?
Seek prompt medical attention, ensure law enforcement completes an official crash investigation report, document scene photographs, and avoid providing recorded statements to insurance adjusters before consulting counsel.
How does comparative fault affect car accident settlements in West Virginia?
West Virginia follows the 51% bar rule: if a driver is determined to be 20% at fault, their total damages are reduced by 20%. If they are found 51% or more responsible, recovery is completely barred.
Related Practice Resources & Analysis
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