Can You Sue an Uninsured Driver for Injury in West Virginia?

In West Virginia, all motorists must buy car insurance to protect themselves and others on the road. Anyone driving without coverage commits a misdemeanor that’s punishable by fines and even jail time. 

Despite this, 11% of motorists in West Virginia are uninsured. If you’re unlucky enough to be hit by one, you’re probably wondering what to do next.

The good news is you may be able to file a claim under the uninsured motorist provision of your auto insurance policy. This provision allows you to recoup some of your losses if the negligent driver in your accident doesn’t have insurance. But it’s best to consult a lawyer to discuss your options. 

We answer all your questions and more in this article. If you or a loved one has been injured in an accident, call the West Virginia car accident lawyers at Miley Legal. Whether your insurance company gave you a lowball offer, or the at-fault party is accusing you of causing the accident, we would be happy to provide a free consultation. Call today.

Can You Sue an Uninsured Driver in West Virginia?

Yes – despite UM coverage, you reserve the right to take legal action against an at-fault uninsured driver for compensation. That doesn’t mean it’s always advisable, and your attorney can help you make this decision.

That said, what should you do when you’re in an accident with an uninsured driver in West Virginia?

Gather Evidence at the Scene

Take pictures or videos of the damage done to your car. Also, note the location, time, and weather. Sketch the accident scene if possible for your own benefit, and look for eyewitnesses willing to go on record with what they saw.

File a Police Report

If the accident has caused injury, death, or property damage of more than $1000, you should call law enforcement to investigate the scene and request a police report. If the WV state police investigate the accident, call (304) 746-2128 to get a copy of the police report or visit  www.wvsp.gov. If other law enforcement agencies investigate, you must contact the specific agency for a copy of the report.

Seek Medical Attention

Get medical attention from on-site first responders or at a hospital as soon as possible. Before proceeding with any action, you must understand the full extent of your injuries.

Contact Your Insurance Company

Once you understand the full extent of your damages, you should inform your insurance company. Your insurance will offer some compensation under your uninsurance (UM) coverage under your insurance policy.

WV Insurance Requirements

Va. Code §17A, 17D, and  91 WV Code of State Rules 91-13 combine to mandate that every owner or user of a motor vehicle in the state is required to maintain insurance on their vehicle and carry proof of insurance in their vehicle at all times. Furthermore, W. Va. Code §17D-4-2(b) specifies typical insurance to include liability coverage with a $25,000 limit for one crash and one injury; a $50,000 limit for one crash with two or more injuries; and a $25,000 limit for property damage. All drivers are also required to have uninsured motorists (UM) coverage.

How to Get Compensation After an Accident With an Uninsured Driver

Here are some ways to recover your damages. Note that a personal injury lawyer can work with you to determine the best way to get compensated.

Use Your MedPay Coverage

West Virginia is an “at-fault” state, meaning the driver who causes the accident is responsible for the damages. Suppose they’re uninsured, but you carry the MedPay coverage on your auto insurance policy. In that case, you can use it to cover your medical bills after an accident, regardless of who was at fault.

MedPay covers medical expenses incurred as a result of an accident. It can pay for hospitalization, surgery, rehabilitation, and other medical costs. The coverage can also be used to cover lost wages and funeral expenses. States like New York and New Jersey require motorists to buy no-fault insurance, but West Virginia needs proof of fault. This is why it’s crucial to consult a car accident lawyer if you’re hurt in an accident with an uninsured driver.

A lawyer can investigate the accident, determine fault, and gather evidence to support your claim.

If an uninsured driver hits you in West Virginia, you have multiple routes available while seeking compensation. They are:

Potential for Recovering from the Driver’s Assets

If your suit is successful, the driver will be personally liable for your awarded damages. If the driver cannot pay directly, you may be able to claim against assets owned by the driver.

Use Your Uninsured Motorist Coverage

Uninsured or Underinsured Motorist Coverage protects you when you’re in an accident with an uninsured or hit-and-run driver. This coverage will cover medical bills, lost wages, and other damages. West Virginia requires drivers to carry a minimum of $25,000 uninsured motor vehicle coverage per person, $25,000 for uninsured property losses, and $50,000 per accident for uninsured bodily injury losses.

Use Your Collision Coverage

After a crash, you may be able to file a claim with your collision coverage to help pay for car damages. Collision coverage is optional insurance that helps to pay for repairs or replacement of your vehicle if it’s damaged in an accident. If you have collision coverage, you will typically have to pay a deductible before your insurance starts to cover the cost of repairs. However, collision coverage can help to protect you financially if you are involved in an accident with an uninsured driver.

File a Lawsuit Against the Uninsured Driver

You can also file a claim against the driver to recover damages. But it’s important to note that this option is only viable if the driver has assets, such as a home or savings, that can be used to pay for your damages. Unfortunately, most uninsured drivers may not have such assets, and filing a lawsuit against them can be a dead end. Call our Charleston, WV injury attorneys for help.

What If an Uninsured Driver Was Driving an Insured Car?

If the at-fault driver is uninsured but is driving an insured car, you may still be able to recover damages for your injuries. The insurance company for the car being driven by the uninsured driver may be liable for your injuries under a theory of vicarious liability. Vicarious liability holds an employer or owner liable for the actions of an employee or agent, even if the employer or owner did not directly cause the harm.

To succeed on a vicarious liability insurance claim, you must show that the uninsured driver acted within the scope of their company or employment when they caused the accident. If you successfully prove vicarious liability, then the car insurance company for the car will be liable for paying your damages up to the policy limit.

Challenges of Suing an Uninsured Driver

Difficulty in Collecting Damages

If you win and the court awards damages, the collection of those damages may prove difficult, especially when the guilty party is not liquid or intentionally uncooperative.

Potential Insolvency of the Uninsured Driver

Many uninsured drivers can’t afford to pay for insurance, so it is doubtful that they will be able to pay whatever damages they have been asked to pay by the court. Often, they do not even have assets you can recover from.

Additionally, a lawsuit typically takes more time than an insurance payout – even years.

How Does West Virginia’s Comparative Negligence Law Affect Your Case?

WV operates under the modified comparative fault rule. §55-7-13c(c) provides explicitly that the plaintiff will be entitled to damages unless his fault is more than the other party’s (or parties’ fault). This means that you can claim damages as long as you are 50% or less responsible for the accident.

However, the provision also states that your damages will be reduced in proportion to your degree of fault. Therefore, if you were awarded damages that should ordinarily be $65,000, but you were 10% responsible, they will be reduced proportionally, and you will only get $58,500.

Statute of Limitations for Suing an Uninsured Driver in WV

Va. Code §55-2-12 requires that any lawsuit against an uninsured driver must be brought within two years if the accident resulted in property damages or personal injuries. Please read our blog about the West Virginia statute of limitations if you have any questions.

Call Miley Legal For a Complimentary Case Evaluation

Figuring out what to do after an accident with an uninsured driver can be stressful, confusing, and overwhelming. That’s why the experienced car accident attorneys at Miley Legal are here to assist you. We have extensive experience handling car accident claims against uninsured drivers. We will work through all challenges to get you the compensation you deserve. Contact us today for a free consultation.

Frequently Asked Questions

What should I do if I am in an accident with an uninsured driver?

Following the accident, you should first call the police and file a report. You should also exchange insurance information with the other driver and take photos of the damage to both vehicles. It’s important to keep track of any medical treatment you receive and records of any lost wages. You can then contact a personal injury lawyer in Morgantown, WV or throughout the state to discuss your legal options.

How do I find out if a driver is insured or not?

In West Virginia, you can check the insurance status of a driver through the WV Division of Motor Vehicles or online through WV DMV. You could also ask the uninsured or underinsured driver to see their insurance card after an accident, but be aware they could present false or expired information.

What if the accident was my fault?

You may still recover damages even if you were at fault in West Virginia by filing a claim with your own car insurance coverage. Uninsured motorist coverage is optional insurance that will pay for your damages in such situations.