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West Virginia accident law

West Virginia car accident settlement calculator

West Virginia is an at-fault state that uses modified comparative negligence, 51% bar. You generally have 2 years to file an injury lawsuit. The calculator below applies these rules to your numbers.

Checked against official sources November 5, 20265 cited sourcesHow we calculate

Injury lawsuit deadline2 yearsW. Va. Code 55-2-12(a), (b); 55-7-6(d); 29-12A-6(a)
Fault ruleModified (51% bar)W. Va. Code 55-7-13a to 55-7-13d (enacted 2015, Enr. Com. Sub. H.B. 2002); bar rule in 55-7-13c(c)
Insurance systemAt-faultNo PIP requirement
Minimum liability25/50/25thousands of dollars

West Virginia settlement estimate

How serious is the injury?
Moderate: months of treatment, full recovery. Typical multiplier 2 to 3.
Applied to your medical bills. Set by the injury above, adjust if you like.
Leave at 0 if unknown.
Lawyer fee, costs and liens
Estimated amount to you
$46,500

Likely range depends on the injury

Economic damages
$16,500
Pain and suffering
$30,000
Injury claim value
$46,500
After your share of fault
$46,500
Attorney fee and costs
$0
Liens repaid
$0

West Virginia: Modified comparative negligence, 51% bar, at-fault (tort) state.

An estimate, not legal advice. Deadlines can be shorter in some situations, for example for claims against a city or state agency. Talk to a West Virginia attorney about your case.

West Virginia filing deadlines

ClaimDeadline
Personal injury lawsuit2 years
Vehicle and property damage2 years
Wrongful death2 years
W. Va. Code 55-2-12(a), (b); 55-7-6(d); 29-12A-6(a). Counted from the accident date in most cases.

Wrongful death 55-7-6(d): "Every such action shall be commenced within two years after the death of such deceased person",.

If you were partly at fault

West Virginia follows modified comparative negligence, 51% bar. Your damages are reduced by your percentage of fault, and you recover nothing if you were more at fault than the other side (51% or more). At exactly 50% you still recover half.

  • With $100,000 in damages and 30% of the fault, you would recover $70,000.
  • With 55% of the fault, you would recover $0, because the rule bars your claim.

Recovery allowed at 50%. Several liability with exceptions.

Source: W. Va. Code 55-7-13a to 55-7-13d (enacted 2015, Enr. Com. Sub. H.B. 2002); bar rule in 55-7-13c(c). Compare all states in the comparative negligence table.

At-fault (tort) state

In West Virginia the driver who caused the crash is responsible for the damage, so you claim against their liability insurance or sue them. Your own medical payments or health coverage can pay bills while the claim is pending.

The Insurance Commissioner's list of mandatory coverages contains liability and uninsured motorist only; no PIP requirement.

Minimum car insurance in West Virginia

$25,000 per person and $50,000 per accident for injuries, $25,000 for property damage. Uninsured motorist coverage is required.

Many drivers carry only the minimum, so the bodily injury limit is often the most the at-fault driver's insurer will pay one person. UM required at 25/50/25.

Damage caps

West Virginia does not cap pain and suffering in ordinary car accident cases. Punitive damages: Greater of 4 times compensatory damages or $500,000 (W. Va. Code 55-7-29(c), enacted 2015)

Dog bite law

Mixed rule.

Source: W. Va. Code 19-20-13. Estimate a claim with the dog bite calculator.

Frequently asked questions

How long do I have to file a car accident claim in West Virginia?

2 years from the accident for an injury lawsuit and 2 years for vehicle damage (W. Va. Code 55-2-12(a), (b); 55-7-6(d); 29-12A-6(a)). Insurance claims should be reported much sooner, and claims against a government agency can have shorter notice deadlines.

Is West Virginia a no-fault state?

No. West Virginia is an at-fault state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage.

What happens if I was partly at fault in West Virginia?

West Virginia follows modified comparative negligence, 51% bar (W. Va. Code 55-7-13a to 55-7-13d (enacted 2015, Enr. Com. Sub. H.B. 2002); bar rule in 55-7-13c(c)). Your damages are reduced by your percentage of fault, and you recover nothing if you were more at fault than the other side (51% or more). At exactly 50% you still recover half.

What is the minimum car insurance in West Virginia?

$25,000 per person and $50,000 per accident for injuries, $25,000 for property damage (25/50/25). Uninsured motorist coverage is also required.

Does West Virginia cap pain and suffering damages?

Not in ordinary car accident cases.

Sources

Checked against official West Virginia sources November 5, 2026.

  1. West Virginia statute of limitations: W. Va. Code 55-2-12(a), (b); 55-7-6(d); 29-12A-6(a)
  2. West Virginia comparative fault: W. Va. Code 55-7-13a to 55-7-13d (enacted 2015, Enr. Com. Sub. H.B. 2002); bar rule in 55-7-13c(c)
  3. West Virginia insurance system: W. Va. Offices of the Insurance Commissioner, Automobile Mandatory Limits (W. Va. Code 17D-4-2, 33-6-31)
  4. West Virginia damage caps: W. Va. Code 55-7-29(c), enacted by 2015 Enrolled Committee Substitute for SB 421
  5. West Virginia dog bite liability: W. Va. Code 19-20-13