West Virginia Car Accident Laws | Accident Claim Map

At the scene and reporting a crash in West Virginia

Always stop and help anyone who is hurt. Leaving the scene of a crash is a crime in every state.

When to call the police: If anyone is hurt or killed, or the total damage looks like $1,000 or more, you must tell the police right away by the fastest way you can (call 911 or the local number). Inside a city, call the city police. Outside a city, call the county sheriff or the nearest West Virginia State Police office.
Damage amount: $1,000
Report to the state: No separate driver report is required by state law. The officer who investigates files the crash report with the Division of Highways within 24 hours after finishing the investigation.
Law: W. Va. Code § 17C-4-6; § 17C-4-7
Official text: Read the official text

First 24 hours after a crash in West Virginia

Tick the boxes as you go, or print the list and keep it in your glove box.

Insurance system in West Virginia

West Virginia is a fault (tort) state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage.

System: Fault (tort)
PIP, benefits and when you can sue: No PIP is required. West Virginia has no no-fault law. The driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage.
Law: W. Va. Code § 17D-2A-3 (required liability security); § 17D-4-2
Official text: Read the official text

Compare every state in the no-fault states table.

Who pays: comparative fault in West Virginia

Rule: Modified (51% bar)
What it means: In West Virginia, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).
Law: W. Va. Code § 55-7-13a; § 55-7-13c(c): you can't recover if your fault is greater than the combined fault of everyone else; otherwise your money is reduced by your share of fault.

Compare every state's rule in the comparative negligence table.

Who pays in West Virginia: fault and payout explainer

If both drivers share the blame, your state's comparative-fault rule decides whether you can recover and how much. Enter your share of the fault and your total damages to see what the rule means. This is an illustration, not a prediction: insurers, juries and judges decide the percentages.

Minimum insurance in West Virginia

Liability minimum: 25/50/25
Uninsured / underinsured motorist (UM/UIM): Uninsured motorist coverage is required in every policy, at least 25/50/25 (insurers may exclude the first $300 of property damage). Underinsured motorist coverage must be offered as an option.
Official text: Read the official text

Numbers like 25/50/25 mean $25,000 for injury to one person, $50,000 for all injuries in one crash and $25,000 for property damage. Compare every state in the minimum insurance table.

Getting the police report in West Virginia

Ask the agency that came to the crash (city police, county sheriff or West Virginia State Police) for a copy of the report. By law, within 24 hours of the crash the investigating officer must give you, on request and free of charge, the owner, driver and insurance information for every other party, even if the report isn't finished yet (W. Va. Code § 17C-4-7(b)).

No confirmed online way to order a report in West Virginia? Ask by mail with our free police report request letter.

Filing a claim and insurer deadlines in West Virginia

How fast insurers must act: State law bans insurers, as a general business practice, from failing to acknowledge and act reasonably promptly on claims, failing to affirm or deny coverage within a reasonable time after proof of loss, and failing to try in good faith to settle promptly when liability is reasonably clear (W. Va. Code § 33-11-4(9)(b), (e), (f)). The statute itself sets no fixed number of days.

Put your claim in writing. Our free insurance claim letter lists your damages and asks for a written answer.

If the other driver has no insurance in West Virginia

Your own uninsured motorist coverage (required in every West Virginia policy) pays for your injuries and property damage caused by an uninsured driver, up to your limits. If the driver is unknown (hit-and-run), the law requires: (1) reporting the crash to police within 24 hours after you discover it and are able to (unless police already investigated), (2) notifying your insurer within 60 days, and (3) showing that the hit-and-run vehicle made physical contact with you or your vehicle (W. Va. Code § 33-6-31(e)). An owner caught without insurance loses their license for 30 days and their registration until they show proof (the first time they can avoid this by paying a $200 penalty fee before the effective date). A second offense within 5 years means a 90-day suspension (W. Va. Code § 17D-2A-7).

Read what to do if you are hit by an uninsured driver.

Deadlines to sue in West Virginia

Property damage (your car): 2 years
Injury: 2 years
Law: W. Va. Code § 55-2-12(a), (b)

The deadline is the statute of limitations. Insurance claims and talks with an adjuster don't stop it. Compare every state in the deadlines table.

Deadline to sue in West Virginia

Every state limits how long you have to file a lawsuit after a car crash. This is the statute of limitations. Choose your state, the type of claim and the date of the crash to see the usual deadline and the last day to file. Nothing you type here is sent anywhere.

Small claims for property damage in West Virginia

Small claims limit: $20,000 in magistrate court, not counting interest and costs (raised from $10,000 on July 7, 2025).

West Virginia small claims guide on Small Claims Map

Small claims court can be a way to recover the cost of repairs from the driver who caused the crash. Read how to use small claims for car damage.

Insurance complaints in West Virginia

If an insurer delays, underpays or denies a claim without a good reason, you can file a complaint with the state insurance regulator:

West Virginia Offices of the Insurance Commissioner, Property and Casualty Consumer Services · 1-888-879-9842 (toll-free) or (304) 720-8580

Free help in West Virginia

WV Insurance Commissioner, Property and Casualty Consumer Services · 1-888-879-9842

Good to know in West Virginia

Within 24 hours of a crash, the officer must give each driver the other drivers' owner and insurance details for free if asked (W. Va. Code § 17C-4-7(b)).
Uninsured motorist coverage can't require arbitration and can't stop you from hiring a lawyer or going to court (W. Va. Code § 33-6-31(g)).
If you sue an unknown hit-and-run driver, the case can be filed against 'John Doe' and your insurer can defend in that name (W. Va. Code § 33-6-31(e)).

Changes in 2024–2026

Magistrate court (small claims) limit rose from $10,000 to $20,000 on July 7, 2025. We found no 2024-2026 change to crash reporting, fault rules or minimum limits.

Free letters

Insurance claim letter

Ask the other driver's insurer to pay your damages, in writing.

Police report request letter

Ask the police agency for a copy of the crash report by mail.

Questions about car accidents in West Virginia

When do you have to report a car accident in West Virginia?

If anyone is hurt or killed, or the total damage looks like $1,000 or more, you must tell the police right away by the fastest way you can (call 911 or the local number). Inside a city, call the city police. Outside a city, call the county sheriff or the nearest West Virginia State Police office. No separate driver report is required by state law. The officer who investigates files the crash report with the Division of Highways within 24 hours after finishing the investigation.

Is West Virginia a no-fault state?

No. West Virginia is a fault (tort) state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage.

Can I get money if I was partly at fault in West Virginia?

In West Virginia, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).

What is the minimum car insurance in West Virginia?

25/50/25 Uninsured motorist coverage is required in every policy, at least 25/50/25 (insurers may exclude the first $300 of property damage).

How long do you have to sue after a car accident in West Virginia?

2 years for property damage and 2 years for injury (W. Va. Code § 55-2-12(a), (b)).

How do I get a police report in West Virginia?

Ask the agency that came to the crash (city police, county sheriff or West Virginia State Police) for a copy of the report. By law, within 24 hours of the crash the investigating officer must give you, on request and free of charge, the owner, driver and insurance information for every other party, even if the report isn't finished yet (W. Va. Code § 17C-4-7(b)).

What if the other driver has no insurance in West Virginia?

Your own uninsured motorist coverage (required in every West Virginia policy) pays for your injuries and property damage caused by an uninsured driver, up to your limits. If the driver is unknown (hit-and-run), the law requires: (1) reporting the crash to police within 24 hours after you discover it and are able to (unless police already investigated), (2) notifying your insurer within 60 days, and (3) showing that the hit-and-run vehicle made physical contact with you or your vehicle (W. Va. Code § 33-6-31(e)). An owner caught without insurance loses their license for 30 days and their registration until they show proof (the first time they can avoid this by paying a $200 penalty fee before the effective date). A second offense within 5 years means a 90-day suspension (W. Va. Code § 17D-2A-7).

Where can I complain about a car insurance company in West Virginia?

West Virginia Offices of the Insurance Commissioner, Property and Casualty Consumer Services: https://www.wvinsurance.gov/Divisions/Consumer-Services · 1-888-879-9842 (toll-free) or (304) 720-8580

Sources

Last checked: Oct 24, 2026.

Car accidents in West Virginia: what to do and who pays