Car Accident Claims in West Virginia

The driver in a crash causing injury or death, or total apparent property damage of $1,000 or more, must immediately notify police by the quickest means available — the local police department if inside a city or town, otherwise the county sheriff or the nearest West Virginia State Police office.

West Virginia law places the written crash report on the investigating officer rather than the driver. An officer who investigates a crash on public roads causing injury, death or total apparent property damage of $1,000 or more must prepare a report within 24 hours after completing the investigation and submit it to the Division of Highways (a preliminary report is due on the 10th day if the investigation is not finished). Within 24 hours of the crash, the officer must give each involved party, on request and at no cost, the other parties' owner, driver and insurance information.

A driver in a crash causing injury, death or damage to an attended vehicle must stop at or as close to the scene as possible and stay until they have given (if physically able) their name, a valid phone number, the vehicle's year, make, model and last four digits of the VIN, and proof of insurance (insured's name, insurer contact and policy number) — or given this to an investigating officer — and, if anyone is hurt, given reasonable help, including arranging transport for treatment. Intentionally leaving when the driver knows or has reason to believe someone was hurt is a misdemeanor (up to $1,000 and/or up to one year in jail); with serious bodily injury, a felony (up to $2,500 and/or 1 to 3 years); if the crash causes a death, a felony (up to $5,000 and/or 1 to 5 years). Failing to stop after damaging only an attended vehicle is a misdemeanor.

Since January 1, 2016, proof of financial responsibility means at least $25,000 for bodily injury or death of one person, $50,000 for bodily injury or death of two or more people in one accident, and $25,000 for property damage.

Modified comparative fault (51% bar). An injured person's fault does not bar recovery unless it is greater than the combined fault of all others responsible; otherwise, recovery is reduced by the injured person's percentage of fault. Each defendant's liability is generally several only (each pays its own share), except for defendants who conspired together.

Two years after the right to sue accrues for damages for personal injuries.

Two years after the right to sue accrues for damage to property.