West Virginia Car Accident Settlement Process and Timeline

From the tree-covered Appalachian Mountains to Harpers Ferry and the Potomac River, West Virginia has some of the most scenic roadways in the country. But your picturesque Sunday drive can turn into a fender-bender nightmare if you aren't careful. Even if you are a careful, defensive driver, sometimes auto accidents are inevitable due to the other driver's negligence or criminal actions.

Knowing more about the West Virginia car accident settlement process and general timelines can help you better manage the situation. Below is key information about car crash reporting requirements, car insurance laws, and settlements.

Do I Need to Report a Car Accident in West Virginia?

In most cases, you must report a vehicle accident in West Virginia. Specifically, there are two scenarios where a car accident must get reported to law enforcement:

1. Accidents involving personal injury or death must get reported immediately to the local police department. If it happens in a municipality, call the local police, or call the local sheriff or West Virginia State Police Department if it happens in the country. This ensures that accident victims get prompt medical attention and that car accident injuries are documented.
2. Accidents involving over $500 worth of property damage must also get reported to the West Virginia Division of Motor Vehicles. The amount of time you have to file a report can be crucial. Having detailed police reports helps in the assessment of the incident and supports any later insurance claims or legal actions.

West Virginia Car Insurance Laws

As in most states, drivers in West Virginia must carry a minimum amount of insurance on their vehicle. The minimum amount is:

• $25,000 for one crash, one injury
• $50,000 for one crash, two or more injuries
• $25,000 for property damage

For more information, contact the West Virginia Office of the Insurance Commissioner. Thinking of driving without car insurance? Think again. Drivers who fail to carry adequate insurance face penalties. They face a driver's license suspension, suspension of their vehicle registration, and possible criminal penalties for driving on a suspended license.

How Do Car Accident Settlements Work in West Virginia?

While no one can predict the outcome of a car accident settlement, we can give you a basic idea of the settlement process and timeline.

The first step is filing the car accident claim with the proper insurer, whether yours or the at-fault driver's. Next, the insurance company will investigate the matter via an insurance adjuster. The claims process can take a few days or a few weeks, depending on the amount of evidence, medical reports, and witness interviews. Once that is complete, you will receive a settlement offer. This may become a negotiation between your attorney and the insurance company involving demand letters and counteroffers to reach a fair settlement.

If both sides can't agree on a settlement amount, you may have to go to court and have a civil jury trial decide the outcome. Throughout this process, the goal is to ensure that all medical bills and damages related to the motor vehicle accident are adequately covered, whether through settlement negotiations or a personal injury lawsuit.

What Is the Average Car Accident Settlement in West Virginia?

Drivers, passengers, or pedestrians can recover damages due to an accident. Car accident damages may include medical expenses, lost wages, car repairs, disability or disfigurement, and pain and suffering. But the factors determining the amount of a car accident settlement vary from person to person. There is no "one size fits all" formula for car accidents. Each case requires a thorough review of medical records, the extent of medical treatment, and other relevant evidence to ensure fair compensation.

Once both sides agree to a settlement, the settlement check gets issued to cover these damages. The best person to answer your questions about car accident settlements and achieving fair compensation is a West Virginia personal injury attorney. An attorney can guide you through the process and advocate on your behalf.

How Long Do I Have to File a Car Accident Lawsuit in West Virginia?

West Virginia law has a two-year deadline for filing a car accident claim under West Virginia Code 55-2-12. This is the statute of limitations. If you don't file within this time frame, you won't be able to file. You might have a winning case, but you'll get barred if you fail to bring it at the appropriate time. The same is true if someone dies as a result of a car accident. Your wrongful death claim must get filed within two years after the death of your loved one under West Virginia Code §55-7-6(d).

Get Legal Help With West Virginia's Car Accident Settlement Process

Dealing with auto insurance companies can be a frustrating experience. While you may understand West Virginia insurance laws, there is the whole settlement process. The good news is you don't have to go through this process alone. Start today and get legal advice from a West Virginia car accident attorney near you.