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West Virginia Court Records

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What Happens If the Person at Fault in an Accident Has No Insurance in West Virginia?

If a driver in West Virginia causes a crash and has no insurance, they are still legally liable for all damages (car repairs, medical bills, lost wages). Per West Virginia Code § 33-6-31, every auto liability policy is required to offer uninsured and underinsured motorist coverage (UM/UIM), where an uninsured vehicle lacks liability insurance in the amounts needed per § 17D-4-2. The uninsured driver faces serious consequences, and the person not at fault can rely on their UM coverage to pay for their injuries or damages. However, if they do not have that or it is insufficient, the victim may sue the at-fault driver following a West Virginia traffic violation and infraction. However, this may not yield favorable results if the individual has no assets.

Is It Illegal To Drive Without Insurance In West Virginia?

Yes, driving without insurance in West Virginia is against the law. According to West Virginia Code § 17D-2A-3, all drivers are required to carry auto insurance or another type of documentation proving their financial responsibility for any damages resulting from an automobile accident. A $200 fine and a 30-day suspension of driving privileges, including the driver's license and vehicle registration, may be imposed on an uninsured driver. A 90-day suspension is the harsher penalty for a second offense within five years. Also, the driver must file an SR-22 form, which is proof of insurance and is typically more costly than traditional insurance, and pay additional fees to have their license and registration reinstated. Driving without insurance is a criminal offense, and a habitual offender may face a jail sentence of up to one year.

What Is the Minimum Insurance Requirement in West Virginia?

West Virginia law defines minimum auto insurance in West Virginia Code § 17D-4-2 and mandates liability and uninsured motorist coverage. Drivers must carry at least $25,000 of bodily injury liability per person, $50,000 per accident, and $25,000 of property damage liability per accident. The same thresholds—$25,000 per person, $50,000 per accident, and $25,000 property damage—must also apply to uninsured motorist (UM) coverage under § 33-6-31, which insurers must include in auto policies. Underinsured motorist (UIM) coverage must also be offered, but may be declined in writing; its minimum limits match the UM limits, and policyholders may choose higher values up to their liability limits. Medical payments coverage (MedPay) is not required by West Virginia law.

What To Do After A Car Accident With an Uninsured Driver in West Virginia

When an uninsured driver hits someone in West Virginia, they should first call the police to make an official report (required if anyone is hurt or there is over $1,000 in damage), then gather photos, the other driver's name and plate number, and witness contacts. They must file an SR-1 form with the Department of Motor Vehicles (DMV) to avoid license suspension when damage or injury meets state thresholds. Next, they notify their insurer and use their uninsured motorist coverage to pay medical bills and repairs. If that coverage is not enough, they can file a civil suit against the uninsured driver to seek the remaining costs.

What Happens If You Have No Insurance But The Other Driver Was At Fault?

A driver in West Virginia who does not have insurance can still get money for damages if the other driver is at fault, but only through a civil lawsuit because they do not have an insurance policy to rely on, and they must prove the other driver was wholly or mostly at fault. Under West Virginia Code § 55-7-13c(c), they cannot recover anything if they are found 50% or more at fault. If they are less than 50% at fault, any compensation they receive will be reduced by their percentage of fault. They must also file the lawsuit within two years, as West Virginia Code § 55-2-12 requires.

Can I Sue an Uninsured Driver in West Virginia?

Yes, a person injured by an uninsured at-fault driver in West Virginia has the legal right to file a civil lawsuit for damages. According to West Virginia Code § 55-2-12, they must file the claim within two years of the accident. If the total claim is under $10,000, they may file in small claims (magistrate) court; otherwise, they must use circuit court for larger amounts.

Will My Insurance Cover Me If the At-Fault Driver Has No Insurance in West Virginia?

Yes. West Virginia law (§ 33-6-31) mandates that liability policies include uninsured motorist (UM) coverage with limits no less than those of bodily injury liability ($25,000 per person, $50,000 per accident) and property damage ($25,000 per accident). UM/UIM covers medical, lost wages, property damage, and pain and suffering when the other driver lacks insurance or is underinsured. MedPay and collision are optional and may help cover medical bills or car repairs, but only if included on the policy.

What Is Uninsured Motorist Coverage in West Virginia?

UM/UIM coverage lets the insured recover damages they are legally entitled to from an uninsured or underinsured driver, up to their policy limits (§ 33-6-31(b)). The insurer must offer UIM coverage, but if the insured declines in writing, it is waived. Policies may exclude the first $300 of property damage but can not require arbitration or deduct other amounts (§ 33-6-31(g),(Reg. §114-63-4)).

What If I Don't Have Uninsured Motorist Coverage in West Virginia?

If someone does not have uninsured or underinsured motorist coverage, they must sue the driver who caused the crash to get money for their injuries. If the court orders the driver to pay but they still do not, the injured person can try to collect the money by taking part of the driver's paycheck, placing a claim on the driver's property, or asking the state to suspend the driver's license. In hit-and-run or drunk-driving cases, they might also be able to get help from special victim-compensation programs in West Virginia, although not everyone will qualify.

How Do I Get Compensation from an Uninsured Driver in West Virginia?

In West Virginia, a plaintiff must do the following to be compensated:

  • File a complaint in circuit court and serve the defendant under Rule 4.
  • Exchange evidence through discovery and, if necessary, go to trial, or secure a default judgment if the defendant never responds.
  • Have any money awarded accrue simple interest at 2% above the Fifth Federal Reserve District's discount rate (capped between 4% and 9% per year, currently 4%).
  • Enforce the judgment by garnishing up to 20% of the defendant's disposable wages, attaching bank or other accounts, or recording a lien on real property.

How Much Can You Recover From an Uninsured At-Fault Driver in West Virginia?

One can recover actual damages, but small claims caps recovery at $10,000. In the superior court, there is no statutory cap, but practical recovery depends on the defendant's assets. If the injured party was partially at fault (modified comparative negligence applies under West Virginia Code § 55-7-13c(c)), any award is reduced by their share of fault, and recovery may be barred if they bear 50% or more fault.

How To Find Out If the At-Fault Driver Has Insurance in West Virginia

The person who was hurt can look at the police report of the accident, which usually includes information about their insurance, or they can ask for insurance records during the discovery phase of a lawsuit. If necessary, courts can also get DMV insurance verification records through a subpoena.

Are Accidents Public Record in West Virginia?

Yes, accident records are generally available to the public in West Virginia. West Virginia Codes § 29B-1-3 and § 17C-4-7 allow for the request of police reports, though personal information may be redacted. While protected personal information is restricted under § 17A-2A-3 and § 17A-2A-4, DMV data is also available. Unless sealed by court order, civil court filings are open to the public.

Can You Go to Jail for Causing an Accident Without Insurance in West Virginia?

Causing an accident without insurance in West Virginia may result in jail time, but only in specific circumstances. If one does not show proof of insurance when asked by the police, it is usually an administrative violation that could lead to fines and a suspended license. Driving without valid insurance in West Virginia is a misdemeanor, though. Some of the possible punishments are a fine of $200 to $5,000, a suspension of one's license and registration, and up to a year in jail. This is especially true for people who do it more than once or who use fake proof of insurance. Jail is not automatic, but it is possible in more serious or repeat cases.

Can You Settle With an Uninsured Driver Out of Court in West Virginia?

Yes. In West Virginia, settling with an uninsured driver out of court is legal and enforceable. West Virginia allows individuals to negotiate and enter into a private settlement agreement to resolve accident-related claims. A written agreement that clearly outlines the terms—such as payment amount and release of liability—is legally binding under West Virginia contract law. Both parties are required to sign the agreement, and if one fails to follow its terms, the other can take legal action to enforce it in court.

Can I Get Compensation If I Was Partially at Fault?

Yes. According to West Virginia Code § 55-7-13c, people who are partially at fault can still get money, and this is called the modified comparative negligence rule. If a person is less than 50% at fault for the accident, they can get cash for their injuries. They cannot get anything back if they are found to be at least 50% at fault. If they are less than 50% at fault, the court lowers their payment by the same amount as their share of the blame. For instance, someone who is 30% at fault would only get 70% of the total damages.

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