Disclaimer: This article provides general legal information based on West Virginia law. It does not constitute legal advice.
Detailed Answer
When an accident happens in West Virginia, knowing which insurance company covered the at-fault driver is crucial to recover damages. This process often involves reviewing crash reports, examining insurance cards, and checking DMV or state filings. Below are detailed steps and legal references to guide you:
- Obtain the Police or State Police Accident Report. Under WV Code §17C-5A-1, drivers must report certain crashes to law enforcement. The resulting crash report typically lists each driver’s insurance company, policy number, and coverage limits. You can request this report online from the West Virginia State Police Crash Request system or via your county magistrate’s office.
- Review the At-Fault Driver’s Insurance Card. At the scene, drivers must present proof of insurance per WV Code §17C-6A-1. The card shows the insurer’s name, policy number, and effective dates.
- Contact the West Virginia DMV for Proof of Insurance. The Division of Motor Vehicles maintains filings of financial responsibility. You can submit a written request to the DMV Records Office with the driver’s name, date of birth, and vehicle plate number to obtain the insurer’s details.
- Consult Your Own Insurer. If you have collision coverage or uninsured/underinsured motorist coverage, your insurer will investigate the crash and identify the at-fault driver’s insurance company. Insurers often pursue subrogation to recover costs.
- Send a Written Discovery Request. In a pending claim or lawsuit, you can use the West Virginia Rules of Civil Procedure to serve a formal discovery request (Rule 26(d)). This compels the at-fault driver or their insurer to disclose coverage details.
By following these steps, you can compile the necessary information to identify which insurer covered the at-fault driver at the time of the accident.
Helpful Hints
- Keep a copy of the crash report and note the report number.
- Photograph or scan all insurance cards immediately after the accident.
- Include specific driver details (name, date of birth, plate number) when requesting DMV records to avoid delays.
- Follow up all phone calls with written confirmation (email or certified letter).
- If you experience difficulty, consider consulting an attorney to assist with discovery or negotiations.