Detailed Answer

If you’re in a car accident in West Virginia and the at-fault driver’s insurer has paid out its full policy limits, you may still recover loss-of-use or rental car expenses through several avenues. Follow these steps:

1. Understand the At-Fault Insurer’s Policy Limits

First, confirm the exact limit of the at-fault driver’s liability policy. Once that carrier pays its maximum, it owes no further rental or loss-of-use benefits under that policy.

2. Check Your Own Rental Reimbursement Coverage

Many private auto insurance policies in West Virginia offer optional rental reimbursement or transportation expense coverage. If you purchased this add-on, your insurer will cover a daily rental fee (up to your policy’s limit) regardless of fault. Review your declarations page or contact your agent to file a claim.

3. Invoke Underinsured Motorist (UIM) Coverage

West Virginia law allows you to stack or select underinsured motorist coverage that can include “loss of use” benefits. Under W. Va. Code § 33-6-31, you may recover additional transportation costs if the at-fault driver’s policy is inadequate. Check your policy for UIM limits and loss-of-use provisions and submit a UIM claim with your carrier.

4. Seek Direct Recovery for Excess Damages

If neither your own policy nor the at-fault carrier covers all your rental costs, you can sue the at-fault driver personally for additional special damages. Under W. Va. Code § 55-7-6, you may recover the fair market rental value of a comparable vehicle for the days you are without your car.

5. Document Everything Thoroughly

To support any claim—whether with your own insurer, your UIM carrier, or in court—keep all rental invoices, insurance correspondence, repair estimates, and proof of loss-of-use dates. Detail the make/model of your car, rental vehicle class, daily rate, and total days needed.

6. Consult a Qualified Attorney

Recovering loss-of-use can involve complex policy language and statutory interpretation. An attorney can review your policies, advise on UIM stacking rules, and help you file suit for any shortfall.

Helpful Hints

• Confirm your insurance declarations page lists rental reimbursement if you want coverage.
• Ask your insurer about UIM stacking options when you renew your policy.
• Keep a rental car reservation receipt as proof of loss-of-use need.
• Track every day you’re without your vehicle; even a half-day can count.
• Review West Virginia Code §§ 33-6-31 and 55-7-6 online for detailed statute language.

Disclaimer

This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney about the specific facts of your case.