Fighting Back Against Uninsured Motorists in West Virginia
In West Virginia, uninsured motorists cause a wide range of auto accidents every year, from fender benders to fatal collisions. The only real precaution you can take to safeguard yourself is to carry uninsured motorist coverage on your auto policy. As a matter of fact, the state of West Virginia requires every driver to carry at least $20,000 in uninsured motorist coverage.
Uninsured motorist coverage protects you in the event that a driver who hits you is driving illegally without insurance. While insurance companies will work to pay your claim, they will also work against you in many cases to pay you the bare minimum. But they're supposed to be your ally, right?
Wrong. Insurance companies make money by collecting premiums and paying out as little as possible to claimants. That's why it is often necessary to hire a lawyer to fight for your rights in an uninsured motorist claim.
A lawyer can help you gather evidence to support your claim, call in expert witnesses to testify on your behalf, and gather reports from eyewitnesses who can corroborate your case. If you've been hit by an uninsured or underinsured motorist on I-79, Route 50 or in locations such as Upshur County or Harrison County, it is imperative that you call a reliable auto accident attorney to defend your rights. A lawyer can help you recover damages for your injuries to cover your medical expenses, lost time from work and/or pain and suffering.
Key Legal Takeaways & Summary
Essential West Virginia Legal Principles Established in This Case:
- •This analysis of "Fighting Back Against Uninsured Motorists in West Virginia" 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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