Detailed Answer
1. Separate Property Damage from Bodily Injury
In West Virginia, property damage claims for your vehicle operate independently from bodily injury claims. You handle each claim on its own timeline and communicate separately with insurers.
2. Report the Accident
WV Code §17C-15-2 requires you to file an accident report with the DMV within 10 days if damages exceed $1,000. See the statute here: WV Code §17C-15-2.
3. Notify Insurers Promptly
Send written notice to your insurer and the at-fault driver’s insurer. Include names, policy numbers, accident report number, date, location, and photos of damage.
4. Document the Damage
Photograph all vehicle damage from multiple angles. Obtain repair estimates from at least two certified auto shops. Keep all invoices and correspondence.
5. File a Property Damage Claim
Submit your repair estimates, photos, and the DMV report to the at-fault insurer. They may offer the vehicle’s actual cash value rather than replacement cost.
6. Negotiate or Use the Appraisal Clause
Many WV auto policies include an appraisal clause. If you dispute the insurer’s valuation, each party appoints an appraiser. Those appraisers then select an umpire to decide the vehicle’s value under your policy terms.
7. Pursue Legal Action if Needed
If negotiations stall or the insurer denies your claim, file suit. Magistrate court handles claims up to $5,000; higher amounts go to circuit court. WV Code §55-2-12 imposes a two-year statute of limitations on property damage claims: WV Code §55-2-12.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney about your situation.
Helpful Hints
- Keep all communications in writing and store copies.
- Review your auto policy’s deductible and coverage limits before filing.
- Act quickly to meet all reporting and filing deadlines.
- Secure at least two independent repair estimates to strengthen your case.
- Consider small claims court for straightforward disputes under $5,000.