What to do next after you receive a crash report (West Virginia)

Short answer: Use the crash report to document the collision, get prompt medical care, notify your insurer, preserve evidence, collect bills and lost-wage records, and consider sending a demand package or hiring an attorney before filing suit. Act quickly — deadlines (including the statute of limitations) can bar claims.

Detailed answer — step-by-step under West Virginia law

This section explains practical next steps and how the crash report fits into a typical personal injury claim in West Virginia. It assumes you have a copy of the law-enforcement crash report (sometimes called an accident report or collision report) and you suffered injury or property damage.

1. Read and preserve the crash report

• Check the report for errors in names, vehicle descriptions, date/time, location, and officer observations.
• Save a certified or official copy. Courts and insurers often give greater weight to a certified record.

2. Get and keep medical care records

• Seek medical attention immediately for any injury. Delays can harm both your health and your claim.
• Keep all medical records, bills, prescriptions, therapy notes, and referrals. These document causation and damages.

3. Document additional evidence

• Take or keep photos of vehicle damage, road conditions, traffic control devices, skid marks, and your injuries.
• Keep records of lost wages (pay stubs, employer statements) and out-of-pocket expenses (rental cars, taxis, medical co-pays).
• Preserve your phone (with location and photos) and back up video or photos from the crash scene.

4. Notify insurers — but be cautious when speaking

• Report the accident to your insurance company as required by your policy. Many policies require prompt notice.
• Do not give recorded statements to the other driver’s insurer without talking to an attorney. Stick to basic facts: time, place, and that you were in the crash.

5. Use the crash report to support liability and damages

• The crash report may include the investigating officer’s narrative, diagrams, witness contact information, and citations. Use those items to support the sequence of events and fault allocation.
• If the report lists a citation (e.g., failure to yield), that can be persuasive but not conclusive in civil court.

6. Consider informal settlement — demand package

• If your injuries are non-catastrophic and liability looks clear, you can prepare a demand package to the at-fault driver’s insurer. Include: a cover letter, crash report (certified if available), medical records and bills, wage-loss documentation, and a damages summary.
• Allow insurers time to investigate. Expect counteroffers and negotiate with documentation.

7. Know when to hire an attorney

• Talk to an attorney if you have serious injuries, permanent impairment, disputed liability, uninsured/underinsured motorist issues, or complicated wage/loss claims.
• An attorney can obtain additional records (police body-cam footage, diagram supplements), preserve time-sensitive evidence, and advise on settlement value vs. filing suit.

8. Filing suit and statutes of limitations

• If settlement fails, you can file a civil lawsuit. West Virginia has time limits for bringing personal injury claims. See West Virginia Code, Chapter 55 for statutory limits and exceptions: https://code.wvlegislature.gov/55/.
• Filing late can bar your case. Contact an attorney promptly to ensure you meet the deadlines and preserve your claim.

9. Evidence preservation and spoliation

• Ask the police department or state police how long they retain the crash-report file, photos, and any video. Request that they preserve evidence if litigation is likely.
• Preserve your vehicle or arrange for photos before major repairs. If the insurer wants to inspect, coordinate with counsel when possible.

How to obtain the official crash report in West Virginia

• Police and the West Virginia Division of Motor Vehicles (DMV) handle crash-report copies. You can often obtain a copy from the law-enforcement agency that investigated the crash or from the DMV.
• DMV home: https://dmv.wv.gov/. If the state police investigated, check the West Virginia State Police website for records request instructions.

Helpful Hints

• Seek medical care immediately. Medical records are often the strongest evidence of injury and causation.
• Order a certified crash report for insurance and legal use — it carries more weight than a photocopy.
• Keep a daily injury journal describing pain, limitations, and treatment progress. This helps prove non-economic damages like pain and suffering.
• Do not sign releases or settlement forms from an insurer until you understand the full extent of your medical treatment and future needs.
• Photograph your injuries and vehicle damage repeatedly over time to show healing or progression.
• Get witness contact information early. Witness memories fade—contact them while the incident is fresh.
• Request preservation letters from your attorney to the at-fault party, insurers, and the investigating agency to avoid evidence loss.
• If the at-fault driver lacks sufficient insurance, discuss uninsured/underinsured motorist coverage with your insurer and attorney.
• Track deadlines: insurance claim filing deadlines, policy cooperation requirements, and the civil statute of limitations (see Chapter 55 linked above).

Common mistakes to avoid

• Delaying medical treatment or failing to follow medical advice — this weakens your claim.
• Giving detailed recorded statements to other parties’ insurers without counsel.
• Accepting a quick settlement before you know the full extent of your injuries.
• Failing to preserve evidence or obtain certified copies of reports and records.

Where to get help: If liability is disputed or your injuries are significant, consult a lawyer experienced in West Virginia motor-vehicle personal injury claims. Many attorneys offer free consultations and can explain next steps and likely timelines.

Important statute references (general): West Virginia Code, Chapter 55 (statute of limitations and civil actions): https://code.wvlegislature.gov/55/. For motor vehicle statutes, see West Virginia Code, Chapter 17C: https://code.wvlegislature.gov/17c/.

Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed West Virginia attorney.