West Virginia · Uninsured driver · Updated Oct 2026

Hit by an uninsured driver in West Virginia: coverage, penalties and what to do

Your coverage, the penalties and how to claim your losses.

Short answer

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

Uninsured motorist (UM) coverage
Required
Minimum liability
25/50/25
Insurance system
Fault (tort)

Uninsured motorist coverage in West Virginia

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.
Liability minimum
25/50/25
Official text
Read the official text

Compare every state in the minimum insurance table.

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)).

Penalties for driving uninsured in West Virginia

  • 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).

More facts for West Virginia

  • 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)).

How fast an insurer must handle a claim in West Virginia

  • 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.

Claiming from the uninsured driver in West Virginia

Small claims limit for car damage in West Virginia: $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

Step by step if an uninsured driver hits you in West Virginia

  1. Report the crash to 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). Reporting a crash in West Virginia and getting the police report
  2. Write down the other car's plate and get witness names.
  3. Claim under your uninsured motorist coverage; in West Virginia it is required.
  4. If your coverage doesn't pay everything, sue the driver before the deadline: 2 years for both property damage and injury.

Free help in West Virginia

Questions about uninsured drivers in West Virginia

Is uninsured motorist coverage required in West Virginia?

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.

What happens if you drive without insurance in West Virginia?

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).

What can I do if an uninsured driver hits me 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)).

What is the minimum car insurance in West Virginia?

25/50/25

How long do I have to sue an uninsured driver in West Virginia?

2 years for property damage and 2 years for injury.

How fast must an insurer handle a car insurance claim in West Virginia?

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.

More for West Virginia drivers

Nearby states

Sources

Last checked: Oct 24, 2026.