Detailed Answer — what to do and how a claim works under West Virginia law

This guide explains, in plain language, the typical steps to protect your rights after a collision in which another driver failed to stop at a stop sign and hit your vehicle. It summarizes how claims typically proceed under West Virginia law, what you must prove, and practical next steps.

1. Immediate steps at the scene

• Check for injuries and call 911. Get medical care right away for any pain or visible injury — timely treatment both protects your health and creates records that support your claim.
• Call the police and get a crash report. A police report that documents that the other driver failed to stop at a stop sign is a key piece of evidence.
• Exchange information. Get the other driver’s name, contact info, driver’s license number, license plate, and insurance details. Get contact info for any witnesses.
• Document the scene. Take clear photos of the intersection, the stop sign, vehicle damage, skid marks, injuries, and visible road or weather conditions. Note the time and any traffic or visibility issues.

2. Medical care and evidence preservation

Seek medical care even if you feel OK. Symptoms from soft-tissue or internal injuries can appear later. Save all medical records, bills, prescriptions, and proof of mileage or travel for treatment. Keep receipts for any out-of-pocket expenses tied to the crash.

3. Reporting to and handling insurance claims

Report the crash to your insurer quickly, as required by your policy. You must also expect the other driver’s insurer to contact you. Give factual information; avoid admitting fault. Insurers will investigate and may make a settlement offer. You do not have to accept a low first offer.

4. Legal basis for a claim in West Virginia

Your claim will usually be a negligence claim: you must prove the other driver owed a duty of care, breached that duty by running the stop sign, and that breach caused your injuries and damages. The typical elements are:

1. Duty: drivers must obey traffic laws and drive safely.
2. Breach: failing to stop at a stop sign and entering the intersection.
3. Causation: the breach caused the collision and your injuries.
4. Damages: quantifiable medical bills, lost wages, vehicle damage, and pain and suffering.

West Virginia statutes addressing motor vehicle operation and financial responsibility appear in Title 17C of the West Virginia Code. For general civil actions (procedures and limitations), see Title 55 of the West Virginia Code: https://www.wvlegislature.gov/WVCODE/Code.cfm?chap=17C and https://www.wvlegislature.gov/WVCODE/Code.cfm?chap=55

5. Fault and how it affects recovery

West Virginia allocates fault when more than one party may have contributed to the crash. If the defendant proves you were partly at fault, your recoverable damages are typically reduced by your percentage of fault. Keep careful records and any evidence that shows the other driver caused the crash — witness statements, the police report, and photos of the stop sign and roadway are especially useful.

6. Damages you can claim

• Economic damages: medical expenses, future medical costs related to the crash, lost income or reduced earning capacity, and vehicle repair or replacement.
• Non-economic damages: pain and suffering, emotional distress, loss of enjoyment of life.
• Punitive damages: rare, reserved for conduct that is willful, wanton, or grossly negligent in some circumstances.

7. Timing — filing a lawsuit

Insurance claims often settle without a lawsuit. If negotiations fail, you may need to file a civil suit. West Virginia’s civil code provisions govern filing deadlines and procedures; many personal injury claims must be brought within a limited time period after the accident. See Title 55 of the West Virginia Code for statutes of limitation and related rules: https://www.wvlegislature.gov/WVCODE/Code.cfm?chap=55. Missing the deadline can bar your claim, so act promptly.

8. When to talk to a lawyer

Contact an attorney if:

• Your injuries are moderate or severe, or you expect long-term care.
• The other driver disputes fault or blames you.
• The insurer offers a low settlement or refuses to pay for legitimate losses.
• There are questions of comparative fault, multiple defendants, or uninsured/underinsured motorists.

An experienced personal injury lawyer can evaluate evidence, estimate damages, handle negotiations, and file suit if needed.

9. Typical timeline

Timelines vary. A simple claim may resolve in weeks or months. Serious injuries often take many months to reach settlement because medical treatment and prognosis must become clear. Lawsuits add time — expect many months to years if a case goes to trial.

Important legal note: this article provides general information about common steps and legal principles in West Virginia. It is not legal advice. For advice tailored to your situation, consult a licensed West Virginia attorney.

Helpful Hints

• Get the police report number and officer name. It helps insurers and attorneys locate the official record.
• Photograph the stop sign and intersection from multiple angles to show visibility and placement.
• Write a contemporaneous account. As soon after the crash as possible, note what happened, what you observed, and contact details for witnesses.
• Keep a medical diary. Log symptoms, treatment dates, medications, and how injuries affect daily life — this supports non-economic damages.
• Preserve vehicle damage photos and repair estimates or invoices.
• Don’t post details or admissions about the crash on social media. Insurers and defense lawyers can and do use posts against claimants.
• Ask your insurer in writing what benefits (like medical payments or rental car coverage) your policy provides.
• If the other driver is uninsured or underinsured, ask your insurer about coverage under your own policy for uninsured/underinsured motorists.
• Keep all receipts and records for expenses tied to the crash — they are proof of economic damages.
• Talk to a lawyer promptly if the insurer’s position is unclear, your losses are substantial, or the other driver’s fault is disputed.

For statutory details related to motor vehicles and civil actions in West Virginia, consult the West Virginia Code: Title 17C (Motor Vehicles) and Title 55 (Civil Actions) at https://www.wvlegislature.gov/WVCODE/Code.cfm?chap=17C and https://www.wvlegislature.gov/WVCODE/Code.cfm?chap=55

Need local help? If you decide to hire an attorney, look for someone with experience in West Virginia auto-accident and personal injury claims and ask about fee structures and references.