Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Detailed Answer
When an auto wreck injures you, securing the at-fault driver’s insurers acceptance of liability ensures you can pursue compensation for medical bills, lost wages, and pain and suffering. In West Virginia, you must follow several key steps under state law and best practices to build a claim strong enough that the insurer has little choice but to acknowledge fault.
1. Report the Crash Promptly
Under W. Va. Code § 17C-4-5, you must report any crash involving injury to law enforcement immediately. A police report creates an official record of the accident scene, contributing critical evidence of fault.
2. Preserve Evidence
Gather and maintain:
- Photographs of vehicle damage, skid marks, injuries, and road conditions.
- Contact details for witnesses and their statements.
- Copies of medical reports, imaging, and treatment plans.
- A log of lost work days and out-of-pocket expenses.
3. Notify the Insurer and Provide Complete Information
Under West Virginias unfair claims settlement practices law (W. Va. Code § 33-6A-5), insurers must conduct reasonable investigations and avoid unreasonable delays. To trigger this duty:
- Send a formal written notice of your claim to the at-fault drivers insurer as soon as possible.
- Include the date of loss, policy number, a brief description of injuries, and all relevant documents.
- Use certified mail or another trackable method to prove timely delivery.
4. Draft a Demand Letter
A well-crafted demand letter outlines your injuries, attaches supporting evidence, and states a clear monetary figure. It pressures the insurer to evaluate liability and damages rather than deny outright.
5. Understand West Virginias Time Limits
You generally have two years to file a suit for personal injury in West Virginia (W. Va. Code § 55-2-1). Starting your suit before the deadline can compel the insurer to resolve the case rather than risk a lawsuit.
6. Consider Outside Help
If the insurer still disputes liability, you can:
- File a bad faith complaint with the West Virginia Offices of the Insurance Commissioner (www.wvinsurance.gov).
- Engage a personal injury attorney to negotiate or litigate on your behalf.
Helpful Hints
- Keep a dedicated file for all accident-related documents and correspondence.
- Follow up in writing after every phone call with the insurer to confirm conversations.
- Be honest and thorough: material misrepresentations can give insurers a reason to deny liability.
- Track medical appointments and treatments to show ongoing care needs.
- Consult a lawyer early if the insurer delays payment or offers a low settlement.