If you’re in a car accident in West Virginia, you need to stop your vehicle as close to the scene as possible and remain there unless you need to get assistance. Leaving a scene where there’s an injured party could lead to you being charged with a misdemeanor. Furthermore, you could be charged with a felony if the accident results in the death of another party.

Even minor car accidents can be shocking and jarring and result in injuries. After a collision, when you’re standing near the wreckage of your

Nissan Altima

and everything feels surreal, you probably won’t be overly concerned with the process of filing an accident report. Unfortunately, West Virginia law doesn’t give you a lot of time to let the dust settle. That’s why you need to know your state’s car accident laws as soon as you get your driver’s license.

To help you understand the basics of West Virginia car accident laws is the

car insurance

super app,

Jerry

. We’ll look at the steps you should take after a crash, how personal injury lawsuits work, and how to claim damages for a car accident in West Virginia.

And if you're looking to lower your

West Virginia car insurance costs

, we can help with that, too!

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What to do after a crash: West Virginia car accident reporting laws

The first thing to do after a car accident

is to make sure that you and your passengers didn’t suffer any injuries. If you believe that there is no apparent injury or death, park your car in a safe place near the scene, as close as possible, and remain there. The only reason to leave the scene is if you need to get help.

Other steps you should take include:

Document the scene of the accident, including taking pictures

Collect any evidence

Report the accident to the police.

If you are not the one who called the police to the scene, contact the local, county, or state police afterward to file an accident report

Next, let’s look at what the West Virginia car accident law stipulates you need to do for reporting an accident to the police.

MORE:

How long do you have to file a claim?

When to report an accident to the police

Be cautious when dealing with a car accident. You don’t want to miss a step and have it come back to haunt you.

In West Virginia, you must report a car accident if it causes injuries and results in a minimum of $1,000 worth of damages. Officers who respond to the accident will conduct interviews with all relevant parties within 24 hours and will file a report within 10 days.

When to report an accident to the DMV

According to the law, all West Virginia drivers must report an accident to the DMV if:

There is any injury or death, including pedestrians

There is more than $500 in property damage

Any type of damage can upgrade an incident from a minor status. That said, accidents that do not involve any kind of injury or have less than $500 in damages do not need to be reported to the DMV.

Financial responsibility and coverage minimums: West Virginia’s insurance laws

West Virginia’s minimum insurance requirement laws mandate that all drivers must be covered for the following:

$25,000 per person and $50,000 per accident for

bodily injury liability

$25,000 for

property damage liability

$25,000 per person and $50,000 per accident for

uninsured/underinsured motorist

bodily injury

$25,000 for uninsured/underinsured motorist property damage

There are penalties if you fail to meet these requirements. For a first offense, your license could be suspended for 30 days and you must also show proof of insurance. You will also have to pay reinstatement fees.

It’s important to note that if you comply with everything before the suspension comes into effect, you could avoid losing your license for 30 days.

A 2019 study by the

Insurance Information Institute (III)

states that about 9.2% of drivers in West Virginia do not have car insurance. If you are in an accident with an uninsured driver, you might have trouble claiming damages.

This is why it’s important to have uninsured/underinsured motorist coverage. Luckily, this is also required by West Virginia law.

MORE:

Learn about collision insurance

Claiming damages after an accident: West Virginia’s personal injury laws

After a car accident, you might consider filing a personal injury claim to recoup damages.

In West Virginia, you have two years to file either a personal injury and/or a property damage claim.

You could be entitled to both economic and non-economic damages:

Economic damages typically include medical bills, lost wages, or repair costs for your vehicle.

Non-economic damages are broader and may include emotional distress, pain and suffering, and disfigurement.

These lawsuits can move very slowly and take a long time to resolve. Remember that during this time, your medical bills or repair costs could continue to pile up.

MORE:

Can I use health insurance to cover car accident injuries?

Exceptions to West Virginia personal injury laws

Outside of the statute of limitations to file a claim, there appear to be no exceptions to West Virginia’s personal injury laws.

It’s always a good idea to double-check with a lawyer before proceeding.

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Who’s to blame: West Virginia’s comparative negligence law

West Virginia is a state that adheres to modified comparative fault law. This means that each party is liable (or responsible) for its degree of fault.

It’s a fairly simple equation. For example, if you are found to be 20% responsible for an accident then you are required to pay 20% of the damages. Each party is liable for its part in the accident.

Furthermore, West Virginia and other states like

Colorado

and

Georgia

follow the 50% bar rule. The stipulates that if a party is 50% or more at fault for a car accident, they cannot collect damages in a personal injury lawsuit. They are effectively “barred” from doing so.

In other words, you must be less than 50% at fault for an accident to receive compensation, and your percentage of fault will factor into your compensation calculation.

MORE:

What happens if you’re deemed at fault in an accident without car insurance?

How to save money on car insurance in West Virginia

Accidents are harrowing experiences, but driving with the best insurance you can afford can soften the blow.

Car insurance

is not only protection—it’s peace of mind.

With an accident on your record, you might feel like it’s impossible to find affordable car insurance, but

Jerry

, the #1-rated insurance app in the App Store, finds cheaper insurance for lots of drivers with blemished records… and it takes only 45 seconds to do so!

All you have to do is download the app, provide some information, and then sit back and review quotes from some of the nation’s top companies. Don’t worry about the process as Jerry’s team of experts will guide you every step of the way.

In case you’re still on the fence, remember that the average Jerry user saves over $800 every year.

“Amazing! I’ll admit, I’m young with 2 accidents. This spiked my insurance rates and every quote I found.
Jerry
, though, helped me find affordable insurance. It truly helped me!” —Marcus F.

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