West Virginia mandates a compulsory insurance law which mandates that every resident that operates a vehicle within the state is able to take financial responsibility in the case of an accident. The minimum liability insurance requirements under the compulsory insurance law consists of the 10/20/40 plan: $10,000 for property damages, $20,000 per accident that results in an injury or death, and $40,000 for an accident that results in more than one incident of injury or death.
In addition, West Virginia is considered a tort state, meaning that it is recommended to have higher coverage amount as opposed to the minimum state coverage. It also means that when an accident occurs, that someone must be found at fault for the accident. The victim of the accident is legally able to collect damages by either filing a claim with their own insurance company, the other party’s insurance company, and if necessary, a lawsuit.
If a lawsuit should incur, West Virginia follows the modified comparative fault rule, which states that the plaintiff can only recover damages if the responsible party is 50% more at fault. In addition, if the plaintiff is found to be at fault for any part of the accident, that portion will taken out of the overall damages won. If it’s not proven that the responsible party is 50% or more at fault, then no damages can be recovered by the victim. It’s imperative to seek the assistance of a top car accident lawyer in modified comparative fault rule states, as the rules are extremely intricate and typically difficult for the average person.