West Virginia Bodily Injury

Understanding how West Virginia bodily injury works will help you understand how you will get your medical care covered for your injuries. All states have requirements for the type of car insurance you are required to purchase in order to drive. In West Virginia, you are required to carry Liability, which is divided into Bodily Injury Liability and Property Damage Liability,and Underinsured motorist coverage.

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Bodily Injury Liability

You will seek medical coverage from the at fault drivers Bodily Injury Liability coverage. If you are found at fault in your accident, your liability coverage will not cover your medical expenses, it's only for those you injure.

Your coverage pays for serious and permanent injury or death to others when you cause a crash involving your automobile. Your insurance company will pay for injuries up to the limits of your policy and provide legal representation for you if you get sued.

Underinsured - Uninsured Motorist Coverage

Underinsured/Uninsured motorist coverage is coverage you are required to have if you are a West Virginia driver. This coverage will cover medical bills and other expenses, including wage loss, if you are involved in an accident with a driver who is not insured, or whose insurance coverage is not high enough to cover your medical bills.

Property Damage Liability

This liability covers you if your car damages someone else's property. This means damage to their car, or their property, such as crashing into someone's fence, or if you crash into their home. Like Bodily Injury Liability, Property Damage Liability coverage will provide legal protection to you if you are sued after the accident.

At Fault State

West Virginia is a Fault State. This means that your insurance company and the company for the other driver will pay damages for medical claims, wage loss and other expenses based on the degree of fault.

West Virginia uses a Rule called the 50% Rule, which means that an injured person cannot recover damages if the injured party was 50% or more at fault. If the injured party was 49% or less at fault, they can recover, and recovery is reduced by degree of fault.

Determining who is at fault after a car accident is complicated and cannot be sorted out online. Your insurance company will help you with this.

West Virginia Statute of Limitations

The Statute of Limitations means that you must file a lawsuit or close or settle your case within your state time limits. The time clock starts on the day of the car accident.

Injury: 2 years

Property Damage: 2 years

To learn more about your State's insurance rules and regulations:

West Virginia State Website for Insurance Questions

Michelle was just in a car accident. 3/28/2013

I will be writing about my experience in real time, read along, or check in now and again. I will be posting about my pain treatments, and you can send questions about your own accident at any time for me to include.

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