What is Underinsurance and how does it protect West Virginia citizens involved in a car accident?
It can happen to any of us. Someone we love is the victim of a car accident and through no fault of their own are seriously injured. Most people unfortunately assume that because the other driver had insurance that they will be fully reimbursed for their loss.
This is often not the case because most drivers in West Virginia carry the minimum insurance they are required to carry. When a person is injured in an accident it is can be a significant loss, which include medical bills, lost wages, and pain and suffering.
A driver in West Virginia is currently required to carry only 20/40/10 in coverage, which translated means $20,000.00 in liability per person, $40,000.00 per accident and $10,000.00 for property. This leave a person who may have been injured in an accident without sufficient coverage from the at fault driver to cover their damages. If this is the case then the person needs what is called underinsurance coverage.
Underinsurance is coverage which you purchase on your own automobile policy to help if you are injured in an accident and the at fault driver who injured you does not carry enough coverage.
The West Virginia Insurance Commissioner requires that all policy holders be advised of their rights to underinsurance and what amounts are available. Underinsurance is so important that in West Virginia your insurance agent is required to review this available options with you and you must select or reject in writing your rights to underinsurance coverage.
Always read closely prior to signing any documents and ask your insurance agent ? "Do I have underinsurance coverage and what are the limits of my coverage?" Now is the time to update your policy before it is too late.
Key Legal Takeaways & Summary
Essential West Virginia Legal Principles Established in This Case:
- •This analysis of "What is Underinsurance and how does it protect West Virginia citizens involved in a car accident?" 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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