Martinsburg, WV Car Accident Lawyer
Car accidents can occur at a moment’s notice. When they do, you may find yourself overwhelmed by medical expenses, family concerns, and even pain associated with an injury. If you’ve been injured in a car accident because of another party’s failure to drive responsibly, call Miley Legal right away. Our attorneys would be happy to provide a free consultation.
What To Do Right After Your Car Accident Occurs
When a car accident happens, it’s crucial to act immediately. Do not move your vehicle unless you are in an unsafe place where you might cause another accident. Keeping your car in the same spot will help the police determine how the accident happened and who is at fault.
Call 911 or the Local Police Department
While it’s not a legal requirement to call the police for accidents under $1,000 or if there are no apparent injuries, it’s a wise decision. When an accident occurs, it’s common for victims to go into shock, making it hard to think and figure out how much damage and injuries might have occurred. Failing to call the police could lead to legal complications if the other party decides to file a claim later.
Gather Information
Specific information must always be obtained after an accident. Knowing the proper information to exchange following an accident can strengthen your case in legal negotiations. Always exchange driver’s license information, insurance information, photos of the scene and witness information.
Exchanging driver’s license and insurance information with the other parties involved at the scene of an accident is legally required. This is not a personal choice but a necessary step to ensure legal compliance. If a person refuses, call the police immediately and get advice from a Martinsburg, WV accident lawyer.
What Happens if You, the Injury Victim Do Not Have Insurance?
Driving without car insurance in West Virginia is illegal. Drivers must carry minimum liability insurance coverage, including bodily injury and property damage protection, and you are exposing yourself to great financial and legal risk if you drive without insurance.
However, if you were not at fault for the accident, you can still seek compensation even if you were not carrying insurance. Some states have “no pay, no play” laws which severely restrict the ability of an uninsured victim to recover damages. That is not the case in West Virginia.
Here, your ability to recover damages depends on your level of fault. West Virginia’s modified comparative negligence rule allows victims to recover damages as long as they are not 51% or more at fault. If you are assigned a percentage of fault, the damages are reduced in tandem with that percentage. Your status as an uninsured driver may complicate the process, expose you to counterclaims, or add scrutiny to your claim. If you find yourself in a situation where you were injured and not at fault, but you were not carrying insurance, call Miley Legal immediately.
What If the Other Driver Doesn’t Have Insurance?
Filing a Claim Through Your Uninsured Motorist Coverage
As a driver in West Virginia, you must carry Uninsured Motorist insurance. Then, if the at-fault driver is not insured, you can file a claim with your own insurance company to cover your medical expenses and other costs.
However, if your damages exceed your policy limits, you may pursue a personal injury lawsuit against the uninsured driver. The downside is that this depends on whether or not the at-fault driver has sufficient assets to satisfy a judgment – they likely do not. With the help of an attorney, you may also be able to uncover additional insurance policies held by the at-fault driver which can cover your expenses.
What If the Other Driver Has Inadequate Insurance?
You are not legally required in West Virginia to have underinsured motorist coverage, but it will make up the difference if the at-fault driver has an insufficient limit for your expenses. For example, if your total damages amount to $50,000 but the at-fault driver’s policy only provides $25,000 in coverage, your UIM coverage can make up the $25,000 shortfall.
If you do not have underinsured motorist insurance, call the experienced attorneys at Miley Legal. We can file a lawsuit on your behalf, look for additional insurance policies, and seek other channels that will cover your expenses.
What Happens if You Drive Without a License in Martinsburg, WV?
If you’re involved in a car accident in Martinsburg, WV, and don’t have a driver’s license, you may still be able to recover damages. However, driving without a license could lead to legal consequences. Despite this, your lack of a license does not automatically prevent you from pursuing compensation for injuries or damages resulting from the accident. Consult with a personal injury attorney who understands West Virginia’s laws to help guide you through the process and ensure your rights are protected.
How Long Will My Car Accident Claim Take?
Car accident claims can take anywhere from a few weeks to several years. A minor case, like a fender-bender with minimal or no injuries, can take just a few weeks to resolve if there is no dispute regarding fault. You will simply make a claim with the at-fault driver’s insurance company.
However, more complex claims can take much longer. For example, cases involving serious injuries often require extended medical evaluations to understand the long-term impact of the accident. The full extent of injuries and future medical needs to be established before you can accept a settlement offer.
Insurance companies can also extend the timeline by disputing fault or downplaying the severity of your injuries. Some insurers even request extensive documentation or make low settlement offers on purpose. If your insurance company is acting in bad faith, call Miley Legal as soon as possible – we will send letters and evidence to your insurance company and demand fair compensation on your behalf.
If a case proceeds to trial, court timelines push the resolution back further. Litigation involves the discovery process, pre-trial motions, and above all, court scheduling, which can take many months or even years if the court is backlogged.
If you become embroiled in a lengthy settlement process after your injury, you need a skilled attorney on your side. We can counteract insurer tactics, gather compelling evidence, and hold them accountable in court if need be.
How Long Do You Have For Filing an Accident Claim?
Before we proceed, we should mention that the statute of limitations extends to the date that you file the injury claim. If the insurance company drags out negotiations, or if a court case lasts for three years, you will not be disqualified from receiving compensation. As long as you start the process before the deadline set forth by the statute, you will be fine.
In West Virginia, the statute of limitations for filing a personal injury claim is generally two years, as stated in West Virginia Code §55-2-12. However, the longer you wait to file a claim, the older the evidence gets and the harder it is to contact witnesses.
Injuries are not always apparent right after an accident, and in cases where physical injury comes to light later, the “discovery rule” allows the statute of limitations to begin when the injury is discovered or should have been reasonably discovered.
Minors who are injured in car accidents also receive special consideration. In fact, the statute of limitations for minors begins when they turn 18 years old. If a 16 year old is injured in a car accident, he will have until his 20th birthday to file a claim. However, it is not in the victim’s best interests to wait, as it will become harder to gather evidence and win fair compensation.
Fraudulent concealment of evidence and ongoing medical issues can also push the statute of limitations back further, but you will need an attorney to build an airtight argument on your behalf if you want to take advantage of these provisions. Generally speaking, you have two years from the time the injury is apparent.
What Will Legal Representation Cost?
The cost of your legal case will vary depending on your attorney, but contingency fees are the most common structure in instances of injury.
A contingency fee is a fee that the lawyer receives when they win the case. Once the case is won, the client will pay a percentage of the money won. If the client loses the case, the lawyer receives no compensation. The client pays no hourly or upfront cost except for court fees in certain situations. Always discuss all potential costs with your lawyer.
Our Martinsburg Car Accident Attorneys Can Help
Call Miley Legal if you have any questions about your accident-related injury. Our attorneys can help you navigate the complex legal process, negotiate with insurance companies, and fight for the compensation you deserve. Contact us today for a no-cost consultation.