Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a West Virginia attorney regarding your specific situation.
Detailed Answer
When multiple parties share fault in West Virginia and their combined insurance policy limit does not cover all your expenses, you have several options under West Virginia law:
- File a civil lawsuit against each at-fault party: You can name all negligent individuals or entities in one complaint. Seek damages for your medical bills, property damage, lost income, and other losses. After the at-fault parties’ insurers have paid up to the shared policy limit, you can pursue any remaining judgment amounts directly from the defendants’ personal assets or separate insurance policies.
- Apportionment of Fault: West Virginia follows modified comparative fault under W. Va. Code §55-7-23. The court assigns each defendant a percentage of fault. Your recoverable damages reduce by your percentage of fault, if any. If you are 50% or more at fault, you cannot recover damages.
- Contribution Among Joint Tortfeasors: If one defendant pays more than their share of fault, they can seek contribution from other at-fault parties under W. Va. Code §55-7-13. Contribution ensures each tortfeasor bears their fair share of liability.
- Underinsured Motorist (UIM) Coverage: If the at-fault parties’ combined limits fall short, you can tap your own UIM coverage. West Virginia requires insurers to offer UIM under W. Va. Code §33-6A-4. UIM may cover the gap between policy limits and your total losses.
- Enforce Judgments: After obtaining a judgment, enforce it through wage garnishment, bank account levies, or liens on real property. West Virginia’s enforcement statutes in Chapter 55 outline procedures for collecting on judgments.
Helpful Hints
- Document all damages. Keep medical records, repair estimates, and receipts to support your claim.
- Calculate fault percentages carefully. Comparative fault directly affects your recovery.
- Notify insurers promptly. Timely notice preserves your rights under all applicable policies.
- Consider pre-suit demands. A written demand may prompt quicker settlements within policy limits.
- Consult a West Virginia attorney. An experienced lawyer can guide you through filing, settlement negotiations, and judgment enforcement.