West Virginia Car Accident Report Basics

Distracted drivers are a leading cause of car accidents in the U.S. In West Virginia, the Division of Motor Vehicles (DMV) credits the state’s distracted driving laws for the 18% decrease in roadway fatalities. But West Virginia still has more than 50,000 car accidents every year. 

Chances are, you or a loved one could be in a motor vehicle accident. Becoming familiar with West Virginia’s car accident reporting basics will save you time. It can also save you money. The last thing you want is to pay a fine for not reporting your car crash.

Here, we’ll explain the traffic crash report laws in the state of West Virginia, discuss how to file this report, and briefly touch on how important the police report is to your car accident claim.

How To File a Car Crash Report in West Virginia

The chart below summarizes West Virginia's laws and procedures for filing a car crash report.

Note: State laws are subject to change. It's essential to verify the information by conducting research or consulting a West Virginia car accident attorney.

When To Report a Car Accident to the Police

Drivers must immediately notify law enforcement of any crash causing injury, death, or more than $1,000 in property damage. According to West Virginia law, if your accident occurs within a city, you should call the local police department. Otherwise, you must contact the local sheriff or the nearest West Virginia State Police office.

The easiest way to inform the proper authorities is by calling 9-1-1 and letting the operator send help. It’s also a good idea to call the police after every accident, even a minor fender bender. Police officers know how to investigate car accident scenes properly. 

The responding officer will record their investigation and produce a police report that’s useful in your personal injury claim. The insurance company will also demand a copy of the police report.

Filing a West Virginia Car Accident Report

When you’re in a minor accident, you don’t have to involve the police. But West Virginia does require that you report the accident to the DMV under the following circumstances:

• A driver, passenger, or third party suffers bodily injury or death
• There is more than $500 in property damage 

Even after the police investigate, it is the driver’s responsibility to file the AR-13 form. This notifies the state that you have adequate car insurance at the time of the collision. If you don’t correctly report your accident, the DMV may suspend or revoke your driver’s license.

When Do Police File an Accident Report?

When officers are at the scene of a crash, they prepare an accident report. But West Virginia law only requires law enforcement to file a report when the accident causes personal injury or property damage of $1,000 or more. 

If you’re in a minor fender bender and want the police to file an accident investigation report, you must ask the officer on the scene.

Getting a Copy of Your Accident Report

Once law enforcement files the accident report, you can purchase a copy by mail or in person. When you visit the closest law enforcement office, they’ll ask for the following information:

• Date and time of the accident
• Location of the crash
• Names of the drivers or pedestrians involved

There will likely be a fee for this report. 

Talk to a West Virginia Attorney About Your Car Accident Report

Accidents tend to happen at the worst possible time, and dealing with the insurance company can be extremely frustrating. Fortunately, you don’t have to handle the claims process alone. 

A local West Virginia accident attorney can negotiate directly with insurance companies on your behalf and advocate for your full and fair recovery.

Additional West Virginia Car Accident Resources

• West Virginia Car Accident Compensation Laws - FindLaw
• West Virginia Code Chapter 17C. Traffic Regulations and Laws of the Road § 17C-4-1 - FindLaw
• West Virginia Car Accident Settlement Process and Timeline - FindLaw
• West Virginia Civil Statute of Limitations Laws - FindLaw