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Detailed Answer

Pursuing compensation for vehicle damage separately from bodily injury claims in West Virginia involves two distinct processes. Follow these steps to protect your rights and maximize recovery for property damage.

1. Document the Damage and Facts
   Take clear photos and videos of your vehicle and the accident scene. Collect the other driver’s contact information, insurance details and any witness statements. Obtain the official accident report from local law enforcement under W. Va. Code § 17C-5-2.
2. Review Your Insurance Policy
   Check your collision coverage or uninsured/underinsured motorist (UM/UIM) property damage endorsement. Knowing your policy limits and deductibles helps you decide whether to file through your insurer or directly with the at-fault driver’s carrier.
3. Notify the At-Fault Driver’s Insurer
   Submit a written demand for property damage to the at-fault driver’s insurance company. Include photos, repair estimates and the police report. Be clear that you are pursuing a property damage claim only, reserving bodily injury claims for later.
4. Obtain Repair Estimates
   Secure at least two written estimates from licensed repair shops. Keep invoices for any immediate repairs you must make for safety reasons.
5. Negotiate a Settlement
   The insurer may issue an initial offer. Respond with a counteroffer supported by your estimates and documentation. Maintain all correspondence in writing.
6. Monitor the Two-Year Statute of Limitations
   West Virginia law requires you to file a property damage lawsuit within two years of the accident. See W. Va. Code § 55-2-12.
7. File a Lawsuit if Necessary
   If negotiations fail, file suit in Magistrate Court for claims up to $5,000 or in Circuit Court for higher amounts. Magistrate Court jurisdiction is set by W. Va. Code § 51-2A-4. Pay the filing fee, serve the defendant, and prepare for a hearing.
8. Attend the Hearing and Obtain Judgment
   Present your evidence—photos, estimates, invoices and correspondence. If you win, obtain a judgment for the full amount owed. Use West Virginia’s judgment enforcement tools, such as garnishment or levy, if the defendant fails to pay.
9. Reserve Your Bodily Injury Claim
   Clearly state in writing to both insurers and any opposing counsel that you are only resolving the property damage claim now. This preserves your right to separate filing for bodily injury, typically also within the two-year window under W. Va. Code § 55-2-12.

Helpful Hints

• Keep a detailed accident journal noting dates, times and conversations.
• Collect and maintain all receipts for rental car costs if your policy covers it.
• Request status updates in writing to establish a clear record.
• Consider a demand letter drafted by an attorney if the insurer delays unreasonably.
• Retain original repair invoices to show actual expenditures.
• Review policy exclusions, such as wear-and-tear or pre-existing damage.
• Stay within all deadlines—both insurance notice requirements and court statutes.

Disclaimer: This article provides general information only and does not constitute legal advice. Consult a licensed attorney in West Virginia for personalized guidance.