Detailed Answer
When an uninsured driver causes a crash in West Virginia, you face unique challenges. West Virginia law prohibits direct claims against an insurer that never wrote a policy. However, you have several avenues to pursue compensation:
1. File an Uninsured Motorist (UM) Claim
West Virginia Code §33-6A-1 requires insurers to offer uninsured motorist coverage. If you purchased UM coverage, your insurer must compensate you up to your policy limits for bodily injury and property damage. File a UM claim by providing accident details, the police report, medical records, and repair estimates.
2. Medical Payments and Personal Injury Protection (PIP)
If you opted for medical payments coverage or PIP, your insurer covers medical expenses regardless of fault. Review your policy declarations page to confirm available limits and covered services, then submit bills and treatment records to your insurer.
3. Sue the At-Fault Driver Directly
You can file a lawsuit in West Virginia Circuit Court against the uninsured driver. Obtain a civil judgment for your damages and enforce it through wage garnishment, bank levy, or property liens. Keep in mind that if the driver lacks assets or steady income, collecting on a judgment may prove difficult.
4. Employer or Vehicle Owner Liability
If the at-fault driver was on the job or driving a vehicle owned by another party, you may pursue a vicarious liability claim (respondeat superior) against the employer or vehicle owner. Document the employment relationship or vehicle use agreement to support your claim.
Helpful Hints
- Review your insurance declarations carefully to confirm UM, PIP, or medical payments coverage.
- Report the accident to your insurer promptly, even if the other driver is uninsured.
- Obtain and preserve all documentation: police reports, medical bills, repair invoices, and witness statements.
- Consult a personal injury attorney to evaluate your case and improve your chances of collecting damages.
- Be aware of West Virginia’s two-year statute of limitations for personal injury claims per WV Code §55-2-12.
Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.