Is West Virginia a No Fault State for Auto Accidents?

September 12, 2024 | By Colombo Law

Like most states, auto accident compensation in West Virginia is based on the principle of fault. If someone is responsible for the accident, they are also responsible for the damages.

Unfortunately, recovering fair compensation for a car accident is not always easy. The process typically involves multiple parties, strict deadlines, and complicated regulations. Hiring an experienced lawyer is the best way to ensure that fault is properly attributed and you recover the full compensation you deserve.

Colombo Law has extensive experience representing individuals injured in auto accidents. We understand that accidents can happen in the blink of an eye, but the effects of an injury can linger months or even years after the collision.

If you have been involved in an accident due to someone else’s fault, reach out to our experienced car accident attorneys by calling 304-599-4229 for a FREE case review. Colombo Law serves clients in Morgantown and throughout West Virginia.

How Auto Accident Compensation Works in West Virginia

Because West Virginia is an at-fault state, right to auto accident compensation depends on proving that someone else was at fault. The concept of fault is based on negligence.

Negligence is the failure to take appropriate caution behind the wheel. Examples include speeding, distracted driving, driving under the influence, and other unsafe behaviors. If it can be shown that a driver’s negligence led to the accident, the victim(s) of the crash may be entitled to damages such as:

Economic damages, such as medical bills and lost wages
Non-economic damages, such as pain and suffering

If you have been injured in an accident caused by someone else’s negligence, you may be able to recover compensation for the losses and pain you have endured because of it. That said, it is also important to be aware of West Virginia’s modified comparative negligence laws.

What Is Modified Comparative Negligence?

Under the modified comparative negligence rules, more than one party may be at fault for an accident. If this is the case, compensation will be adjusted to reflect the degree of fault.

For example, if you collided with another vehicle that pulled out in front of you, and you were speeding at the time, it may be decided that you were 25% at fault for the accident. If your total damages would have been worth $50,000, they would be deducted by 25%—meaning you would only be able to recover $37,500.

While this can be a helpful way to recognize that fault for an accident can be shared, it is also a relatively subjective determination. As such, working with an experienced attorney who knows how to fight for maximum compensation is critical.

What Is a No-Fault State?

Most states are like West Virginia, adopting an at-fault model when it comes to determining auto accident compensation. However, 12 states operate on the principle of “no fault.” In these states, drivers file accident claims with their own insurance providers first to cover the costs of the accident regardless of who was at fault. Drivers in no-fault states are typically required to carry personal injury protection (PIP) insurance.

The no-fault model is intended to reduce litigation by removing the question of fault, but it does come with a few unfortunate tradeoffs. Namely, accident victims are often not entitled to compensation for non-economic damages such as pain and suffering.

Also, the “no-fault” aspect typically only applies to personal injury damages. It does not cover property damage, which the at-fault party is still responsible for.

How Is Fault Determined for an Auto Accident in West Virginia?

Because fault is such an important issue in at-fault states like West Virginia, it is important to understand how fault is determined. There are a few primary sources of information that help to determine fault, including:

The police report: While police reports may not technically be evidence, they are heavily relied upon by insurance companies to determine how and why accidents took place.
Evidence: If there is evidence that can help determine fault for the accident—including video, photographs, skid marks, etc.—these tend to have the most weight when determining fault.
Witness testimony: If one or more people saw the accident take place, their testimony can also play a significant role in the investigation.

It is important to note that the parties may not reach an agreement concerning fault. The other driver’s insurance company may dispute responsibility, in which case a settlement must be negotiated or a lawsuit may need to be filed.

Who Determines Fault?

In the claims process, the primary party that must determine fault is the insurance company. They will review the police report, the evidence, and any other applicable materials to either accept or contest your claim.

Ideally, you are working with a lawyer at this point who can prepare and submit a strong claim on your behalf and work directly with the insurance company as they evaluate the claim. This is often a critical component to winning the maximum compensation you need and deserve, because insurance companies are not on your side.

The other driver’s insurance company will likely try a variety of tactics to lower the compensation they pay you, including:

Requesting medical documentation to question your injuries
Asking for an official statement to try to find contradictions
Submitting a “lowball” offer that is much less than you deserve

It can be easy to give in to any of these manipulations if you are not aware of what they are doing. Working with an experienced attorney can help you avoid this mistake.

If the insurance company is unwilling to submit a fair settlement offer, then the best option may be to file a lawsuit and take the case to trial. At this point, the court will determine fault and the amount of compensation to award.

Get the Auto Accident Compensation You Deserve

Preparing and winning a car accident claim in West Virginia relies on your ability to prove the other driver’s negligence. But recovering the compensation you deserve relies on much more, including:

Calculating the total amount of compensation you deserve for your damages
Negotiating with insurance companies to reach a fair settlement offer
Taking your case to trial, if necessary

At Colombo Law, we are prepared to handle all of these tasks so you can focus on what matters most: your health and well-being. Whether the auto accident was in Morgantown or anywhere else in West Virginia, contact Colombo Law for FREE to get started on your case.