{"id":377182,"date":"2016-10-17T17:22:48","date_gmt":"2016-10-17T22:22:48","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/west-virginia-law\/west-virginia-car-accident-compensation-laws.html"},"modified":"2025-02-28T08:38:34","modified_gmt":"2025-02-28T13:38:34","slug":"west-virginia-car-accident-compensation-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/west-virginia-law\/west-virginia-car-accident-compensation-laws.html","title":{"rendered":"West Virginia Car Accident Compensation Laws"},"content":{"rendered":"\n
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West Virginia Car Accident Compensation Laws<\/h1>\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

If you’re involved in a car crash in West Virginia, it’s important to understand the state’s specific car accident compensation laws<\/a>. Accident victims often face many challenges when dealing with the aftermath of a crash. This includes figuring out how to file a car accident claim. West Virginia law outlines the procedures and requirements for car accident cases. Understanding these laws will help you get the compensation you deserve.<\/p>\r\n

This article will overview West Virginia car accident compensation laws and how they affect accident victims seeking justice and financial recovery. If you need help, contact a car accident attorney<\/a> or personal injury lawyer<\/a>.<\/p>\r\n

At-Fault and ‘50% Modified Comparative Negligence’ Rules<\/b><\/h2>\r\n

West Virginia requires injured parties to prove that another driver was at fault<\/a> before any damages will be awarded in personal injury lawsuits, such as those stemming from a car accident. In 2015, West Virginia enacted a new law that established modified comparative negligence<\/a>, allowing injured parties to recover. This is only if their fault is not greater than all other parties’ combined fault. It applies to claims for bodily injury and property damage.<\/p>\r\n

In other words, if you suffered $10,000 in damages<\/a> from a car accident and the court determined that you were 50% at fault for your injuries, the court would award you $5,000 in damages. This is a much more forgiving rule than the contributory fault<\/a> rule at play next door in Virginia<\/a>.<\/p>\r\n

West Virginia Car Accident Laws<\/b><\/h2>\r\n

Auto insurance coverage plays a significant role in auto accident situations<\/a>. It can determine the extent of financial recovery available to the injured parties. Understanding the nuances of West Virginia law on car accidents can help victims make informed decisions and effectively pursue their claims. Look at the table below for more about West Virginia car accident compensation laws.<\/p>\r\n

Statute of limitations<\/p>\r\n