According to an estimate from the Insurance Information Institute, more than 10% of West Virginia drivers are operating motor vehicles without auto insurance in force. To make matters worse, although the minimum level of coverage required by law was increased in 2016, it is still unlikely to fully compensate victims involved in at-fault accidents that result in serious bodily injury. While uninsured motorist coverage is mandatory at this same level, underinsured motorist coverage (which provides coverage when the at-fault party lacks sufficient liability coverage) is not required – leaving a glaring hole in coverage for many who have suffered significant injuries that require more intensive medical care.
West Virginia Required Minimum Auto Insurance Coverage Amounts
$25,000 bodily injury liability / $25,000 uninsured motorist coverage (per person)
$50,000 bodily injury liability / $50,000 uninsured motorist coverage (per accident)
$25,000 property damage liability / $25,000 uninsured motorist property damage coverage (per accident)
What Coverage Does Uninsured Motorist Coverage Refer to?
When we talk about uninsured motorist coverage in West Virginia, this refers to a policy benefit that can be accessed by an auto insurance customer to recover compensation for bodily injuries and/or property damage caused by an uninsured driver.
What Is an Uninsured Driver?
An uninsured driver refers to the tortfeasor – the driver who caused your injuries while operating a motor vehicle without the minimum state coverage mandated by West Virginia law. Additionally, by law, an uninsured vehicle can meet the definition of an uninsured driver (in some cases). Further, an unknown driver may also be considered an uninsured driver if they caused a hit-and-run accident.
You Are Covered by Your Own Uninsured Motorist Coverage In WV
If the individual who caused your injuries was not covered by auto insurance at the time of the accident, you should be aware of what your options for financial recovery include. Because uninsured motorist coverage is mandatory in West Virginia, if your own personal auto insurance policy was in effect at any level at the time of the accident, you have access to the above listed coverage amounts, at a minimum. Uninsured motorist coverage is available in amounts up to $50,000 for property damage and $100,000 per person / $300,000 per accident for bodily injury losses, so your actual coverage may be higher. Your policy declaration statement will indicate the level of coverage you purchased.
You Can File a Claim Against Your Own Auto Insurance Policy
If you were injured in an accident involving an uninsured driver, you are entitled to file a claim against your own auto insurance policy to recover compensation for your losses. A claim may be filed for bodily injury, property damage, or both up to the per-accident limits of each coverage type. The possibility of filing a claim may exist against any uninsured driver (including an uninsured vehicle or unknown hit-and-run driver). Claims may be filed for damages including:
Lost Wages
Future Lost Wages
Therapy, Medications, Rehabilitation and Other Medical Expenses
Vehicle Property Damage
Emotional Distress, Pain & Suffering
Wrongful Death
Funeral Expenses
Hit-and-Run Claims
If a driver impacted your insured vehicle and fled from the scene, you may be able to file a claim for financial compensation against your own uninsured motorist coverage if it can be proven that:
-The uninsured driver actually made physical contact with your covered vehicle.
or
-Absent immediate evasive action, the uninsured driver would have made actual physical contact with your covered vehicle. Evasive action must be corroborated with proof provided in the form of testimony by an independent third party, such as a bystander who witnessed the incident.
Did You Purchase Underinsured Motorist Coverage?
If you also purchased underinsured motorist coverage, you may or may not be able to access an additional level of coverage for your losses by filing a claim against your auto insurance company for any remaining available coverage, according to the required calculation method. In some cases, no compensation can be claimed under your uninsured motorist coverage (such as when your policy limit is at or below that of the at-fault underinsured driver).
Did You Fail to Waive Underinsured Motorist Coverage?
If you did not specifically sign the form waiving underinsured motorist coverage, you may still be able to file a claim against your auto insurance company for underinsured motorist coverage. This may apply whether or not you actually purchased this coverage.
Contact Angotti & Straface Attorneys at Law’s Insurance Dispute Team
Protecting the Rights of West Virginia’s Panhandle Residents
Angotti & Straface Attorneys at Law has been trusted to protect the rights of seriously injured motorists throughout West Virginia since 1952. If you believe you have a valid claim to recover compensation under the uninsured or underinsured coverage of your auto insurance policy and your insurance company is disputing your claim in our Insurance Dispute Team’s covered service area, contact us immediately for a complimentary initial case consultation. Our Insurance Dispute Team serves all of Tyler, Hancock, Ohio, Wetzel, Brooke, Monongalia, and Marshall County, WV.
Angotti & Straface Attorneys at Law – (304) 292-4381