West Virginia Car Insurance Laws: Minimum Coverage, Penalties and SR-22
West Virginia car insurance law: minimum liability limits, fault or no-fault, uninsured motorist coverage, proof of insurance, penalties for driving uninsured, SR-22, title and registration.
Quick answers for West Virginia
- Minimum coverage required
- Since January 1, 2016, West Virginia requires 25/50/25: $25,000 for bodily injury to or death of one person, $50,000 for bodily injury to or death of two or more people in one accident, and $25,000 for property damage. W. Va. Code §§ 17D-4-2(b), 17D-2A-3(e), 33-6-31
- At-fault or no-fault
- West Virginia uses the at-fault (tort) system: the driver who causes a crash is responsible for the resulting injuries and damage, paid through liability insurance. Alabama Department of Insurance, State Auto Insurance Laws (national table)
- Driving without insurance
- Owners must keep security in effect continuously and surrender the plate if coverage is dropped. An owner without required security has the driver's license suspended for 30 days (and until proof of insurance on all registered vehicles is shown) and the registration revoked for a first… W. Va. Code §§ 17D-2A-3, 17D-2A-4(b), 17D-2A-7
Last verified: 2026-10-27
Required coverage
| Minimum coverage required | Since January 1, 2016, West Virginia requires 25/50/25: $25,000 for bodily injury to or death of one person, $50,000 for bodily injury to or death of two or more people in one accident, and $25,000 for property damage. Security can be an insurance policy from an authorized insurer or qualification as a self-insurer. Policies must also include uninsured motorist coverage at least at these limits. |
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| At-fault or no-fault | West Virginia uses the at-fault (tort) system: the driver who causes a crash is responsible for the resulting injuries and damage, paid through liability insurance. The Alabama Department of Insurance's national table of state auto insurance laws lists West Virginia among the "Tort States." |
| Uninsured motorist coverage | Required at no less than the 25/50/25 minimums (the first $300 of uninsured property damage may be excluded). Insurers must also offer optional higher uninsured motorist coverage up to $100,000/$300,000 for bodily injury and $50,000 for property damage, and optional uninsured/underinsured coverage up to the insured's own liability limits. Source: W. Va. Code § 33-6-31 |
| Proof of insurance | Insurers must issue a certificate of insurance, which (or other proof of insurance) must be carried in the vehicle and presented at vehicle inspection. Proof may be a certificate, the policy or a copy, a self-insurance certificate, or an image displayed on a wireless communication device. A driver cited for not carrying proof is not guilty if he or she shows within seven days that insurance was in effect. Source: W. Va. Code § 17D-2A-4 |
Driving without insurance and SR-22
| Driving without insurance | Owners must keep security in effect continuously and surrender the plate if coverage is dropped. An owner without required security has the driver's license suspended for 30 days (and until proof of insurance on all registered vehicles is shown) and the registration revoked for a first offense, unless the owner shows proof and pays a $200 penalty fee before the effective date; for a second offense within five years, the license is suspended 90 days and registration revoked until proof is shown. Failing to carry proof of insurance is a misdemeanor with a $200 to $5,000 fine; a second or later conviction can add 15 days to one year in jail. |
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Your rights with insurers
| Cancellation and nonrenewal | After a private passenger auto policy has been in effect 60 days (or immediately for a renewal), an insurer may cancel only for listed reasons, including nonpayment of premium, material misrepresentation, violation of material policy terms, license suspension or revocation of the named insured or a household or regular driver, certain medical conditions without a physician's certificate, or certain convictions such as DUI or felonies involving a vehicle. Cancellation requires 30 days' notice (14 days for nonpayment of premium) with the specific reason. Nonrenewal requires at least 45 days' advance notice; a policy in force two consecutive years or longer can be nonrenewed only for listed reasons. Nonrenewal: https://code.wvlegislature.gov/33-6A-4/ |
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| Total loss rules | A "total loss" is a vehicle with damage equal to 75% or more of its market value (per a nationally accepted used car value guide), or a flood-damaged vehicle. When paying a total loss claim, the insurer must require the owner to surrender the title (the owner may choose to keep the vehicle), determine whether the vehicle is repairable, cosmetically damaged or nonrepairable, and within 10 days of payment send the title and claim settlement to the Division of Motor Vehicles for a salvage certificate. Source: W. Va. Code § 17A-4-10 |
| Complaints about an insurer | File with the West Virginia Offices of the Insurance Commissioner using the Online Consumer Complaint Form or the Property and Casualty Consumer Complaint paper form; the Property and Casualty Consumer Services Unit handles auto insurance. Toll-free 1-888-TRY-WVIC (888-879-9842). |
Title and registration
| Registering after you move | New residents must title and register their vehicles within 30 days of establishing residency. Fees include a $15 title fee, a $10 lien fee if applicable, and a $51.50 regular registration fee; the 6% titling sales tax does not apply to a vehicle already titled in the new resident's name in another state (not leased vehicles) if application is made within 30 days. Submit the out-of-state title (or a lienholder letter), Application for Certificate of Title (DMV-1-TR), odometer disclosure (DMV-TM-1), and insurance information. Source: West Virginia DMV, New Residents |
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Car Insurance & Vehicle Laws FAQ
What is the minimum car insurance required in West Virginia?
Since January 1, 2016, West Virginia requires 25/50/25: $25,000 for bodily injury to or death of one person, $50,000 for bodily injury to or death of two or more people in one accident, and $25,000 for property damage. Security can be an insurance policy from an authorized insurer or qualification as a self-insurer. Policies must also include uninsured motorist coverage at least at these limits.
Is West Virginia a no-fault car insurance state?
West Virginia uses the at-fault (tort) system: the driver who causes a crash is responsible for the resulting injuries and damage, paid through liability insurance. The Alabama Department of Insurance's national table of state auto insurance laws lists West Virginia among the "Tort States."
Is uninsured motorist coverage required in West Virginia?
Required at no less than the 25/50/25 minimums (the first $300 of uninsured property damage may be excluded). Insurers must also offer optional higher uninsured motorist coverage up to $100,000/$300,000 for bodily injury and $50,000 for property damage, and optional uninsured/underinsured coverage up to the insured's own liability limits.
Can you show proof of car insurance on your phone in West Virginia?
Insurers must issue a certificate of insurance, which (or other proof of insurance) must be carried in the vehicle and presented at vehicle inspection. Proof may be a certificate, the policy or a copy, a self-insurance certificate, or an image displayed on a wireless communication device. A driver cited for not carrying proof is not guilty if he or she shows within seven days that insurance was in effect.
What is the penalty for driving without insurance in West Virginia?
Owners must keep security in effect continuously and surrender the plate if coverage is dropped. An owner without required security has the driver's license suspended for 30 days (and until proof of insurance on all registered vehicles is shown) and the registration revoked for a first offense, unless the owner shows proof and pays a $200 penalty fee before the effective date; for a second offense within five years, the license is suspended 90 days and registration revoked until proof is shown. Failing to carry proof of insurance is a misdemeanor with a $200 to $5,000 fine; a second or later conviction can add 15 days to one year in jail.
How much notice must an insurer give before canceling car insurance in West Virginia?
After a private passenger auto policy has been in effect 60 days (or immediately for a renewal), an insurer may cancel only for listed reasons, including nonpayment of premium, material misrepresentation, violation of material policy terms, license suspension or revocation of the named insured or a household or regular driver, certain medical conditions without a physician's certificate, or certain convictions such as DUI or felonies involving a vehicle. Cancellation requires 30 days' notice (14 days for nonpayment of premium) with the specific reason. Nonrenewal requires at least 45 days' advance notice; a policy in force two consecutive years or longer can be nonrenewed only for listed reasons.
When is a car a total loss in West Virginia?
A "total loss" is a vehicle with damage equal to 75% or more of its market value (per a nationally accepted used car value guide), or a flood-damaged vehicle. When paying a total loss claim, the insurer must require the owner to surrender the title (the owner may choose to keep the vehicle), determine whether the vehicle is repairable, cosmetically damaged or nonrepairable, and within 10 days of payment send the title and claim settlement to the Division of Motor Vehicles for a salvage certificate.
How long do you have to register your car after moving to West Virginia?
New residents must title and register their vehicles within 30 days of establishing residency. Fees include a $15 title fee, a $10 lien fee if applicable, and a $51.50 regular registration fee; the 6% titling sales tax does not apply to a vehicle already titled in the new resident's name in another state (not leased vehicles) if application is made within 30 days. Submit the out-of-state title (or a lienholder letter), Application for Certificate of Title (DMV-1-TR), odometer disclosure (DMV-TM-1), and insurance information.
How do you file a complaint against a car insurance company in West Virginia?
File with the West Virginia Offices of the Insurance Commissioner using the Online Consumer Complaint Form or the Property and Casualty Consumer Complaint paper form; the Property and Casualty Consumer Services Unit handles auto insurance. Toll-free 1-888-TRY-WVIC (888-879-9842).
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