West Virginia Uninsured & Underinsured Motorist Lawyer
- Warner Law Offices, PLLC, Can Help You Maximize Your Recovery After an Accident With an Uninsured Driver in West Virginia
- What Is Uninsured Motorist Coverage?
- What’s Underinsured Motorist Coverage?
- Can I Sue the Uninsured Driver For Damages?
- What’s the Statute of Limitations in West Virginia?
- Uninsured & Underinsured Motorist Lawyers in West Virginia Ready to Fight For You
Even though West Virginia has strict car insurance requirements, about 9.2 percent of motorists in the state are uninsured. Since West Virginia is an at-fault state, this creates a problem when an uninsured driver causes an accident.
If an uninsured motorist has hit you in West Virginia, it’s important to understand your legal rights and options. Call Warner Law Offices, PLLC. Our car accident lawyers in West Virginia can help you fight to secure the financial accountability you deserve
Since 2000, Warner Law Offices, PLLC, has been a trusted name in car accident litigation for clients in Charleston and across West Virginia. We’re award-winning trial attorneys who aren’t afraid to take on powerful insurance companies and force them to fight fairly. Our tenacity has helped us win tens of millions in benefits, settlements, and verdicts for our clients.
Trust our car accident attorneys to help you navigate this difficult time. Call our Charleston law office or contact us online to set up a free consultation now.
Warner Law Offices, PLLC, Can Help You Maximize Your Recovery After an Accident With an Uninsured Driver in West Virginia
The other driver caused an accident, but they don’t have insurance. The good news is that you’re not out of luck. There can be several paths to recovery after a crash with an uninsured driver. They can include filing a lawsuit against the uninsured driver or another liable party, or seeking insurance benefits from your own insurance carrier.
However, getting compensation can often be more challenging than it should be. Insurance companies— even yours—won’t be on your side or have your best interests at heart. The best thing you can do is enlist the help of a respected and successful West Virginia car accident lawyer.
Warner Law Offices, PLLC, is home to some of West Virginia’s most successful and acclaimed litigators. Our commitment to our clients and results are just some of the reasons we’ve been named Best Attorneys of America by Rue Ratings and Best Attorney by West Virginia Newspapers
After your accident with an uninsured motorist, count on us to do the following:
- Identify all the legal options for financial recovery available to you, including claims for insurance benefits and damages via a civil lawsuit
- Independently investigate the circumstances of your car accident to pinpoint the precise cause and identify all liable parties
- Gather evidence that will be necessary to facilitate a successful claim for damages, including medical records, accident reports, and witness testimony
- Notify your insurance company of your intent to submit a claim for Uninsured Motorist benefits
- Prepare and submit a persuasive demand letter outlining the extent of your injuries and the damages you’re seeking
- Rely on winning negotiation techniques to secure a meaningful settlement offer on your behalf
We’ll exhaust all of your legal options and use every resource at our disposal to help you get the compensation you deserve. If the insurer or opposition continually lowballs you, our award-winning West Virginia trial lawyers will be fully prepared to file suit and bring your case to a jury.
Your first consultation is free, and there’s absolutely no cost to hire our West Virginia car accident attorneys unless we win your case. Call our law office to set up a time to talk about the details of your case today.
What Is Uninsured Motorist Coverage?
Before you can drive in West Virginia, you’re legally required to insure your vehicle. The insurance benefits you purchase must satisfy state minimums established by the legislature.
In West Virginia, minimum car insurance requirements include the following:
- Bodily injury liability coverage: $25,000 per person, $50,000 per accident
- Property damage liability coverage: $25,000 per accident
The state also requires you to add Uninsured Motorist, or UM, benefits to your policy, with amounts equal to your liability coverage.
Think of Uninsured Motorist benefits as a safety net. West Virginia has fault-based insurance rules. So, the driver who causes an accident is on the hook for damages. When that driver is uninsured, your UM benefits replace the coverage they should have had.
What Damages Do UM Benefits Cover?
Uninsured Motorist benefits help to offset the economic and non-economic damages you experience because of a car accident, including:
- Medical bills
- Lost wages
- Property damage
- Pain and suffering
You’re entitled to benefits up to your policy limits. So, if you purchased the minimum 25/50/25 coverage, you’ll be entitled to up to $25,000 for injury-related damages and $25,000 for repairs to your vehicle.
You can also use uninsured motorist benefits if you are involved in a hit-and-run car accident in West Virginia. Your coverage will take the place of the hit-and-run driver’s policy after a wreck. Your insurance company will likely pursue reimbursement for the amounts paid to you from the hit-and-run driver once you identify them.
What’s Underinsured Motorist Coverage?
Let’s say another driver purchased the state minimum for liability coverage. After an accident, you can file a claim for benefits with their insurer, but your recovery will be limited to their policy limits. If your injuries are severe, there’s a good chance that your medical bills alone can exceed the $25,000 ceiling on their policy.
If you added UIM to your policy, you could use those benefits to cover damages above and beyond what the at-fault driver’s insurer will pay
Uninsured Motorist coverage is optional in West Virginia.
Can I Sue the Uninsured Driver For Damages?
Yes. You’re not just limited to UM benefits after a car accident with an uninsured driver in West Virginia. You also reserve the right to take civil legal action and directly pursue compensation from the uninsured motorist.
Through a civil lawsuit, you’d have the burden of proving that the driver was negligent and, therefore, liable for resulting damages
Negligence involves proving the following elements:
- The uninsured driver owed you a duty of care.
- The uninsured driver breached that duty of care in some way, such as by speeding, texting and driving, driving drunk, or failing to yield the right of way.
- The uninsured driver’s actions were the direct and proximate cause of the car accident.
- You’ve suffered damages, such as medical bills, reduced quality of life, or lost wages.
Keep in mind that while you may win your negligence action, there’s a chance that the uninsured driver won’t have the means to pay the damages you’re awarded. It can help to look past the uninsured driver and search for other potentially liable parties.
In West Virginia, all contributing parties share liability. If someone else caused your accident—even remotely—they can be on the hook for a portion of your damages.
Our uninsured motorist attorneys in West Virginia will carefully review the circumstances of your car accident, truck accident, or motorcycle accident and aggressively pursue compensation from all available sources.
What’s the Statute of Limitations in West Virginia?
You generally have two years from the accident date to file a civil lawsuit in which you seek damages from the uninsured motorist or another liable party
You may have longer to pursue a direct claim against your insurer for Uninsured Motorist or Underinsured Motorist benefits in West Virginia. However, you should not wait to act since the other motorist might have coverage that applies. Once the deadline expires, you give up the right to demand the monetary award you need and deserve
Protect yourself by taking prompt action after a wreck with an uninsured driver. Call Warner Law Offices, PLLC, and ask for our help immediately. We can identify your options and build a strategy to maximize your recovery immediately.
Uninsured & Underinsured Motorist Lawyers in West Virginia Ready to Fight For You
Uninsured Motorist benefits can help to offset the devastating costs of a car accident with an uninsured driver. However, don’t expect your insurance company to be happy about fulfilling your claim. You’ll want to show them that you expect to exhaust your benefits and walk away with the full financial payout you deserve.
Do that by contacting Warner Law Offices, PLLC, and putting our top-rated West Virginia uninsured motorist lawyers in your corner.
You’ll benefit from decades of experience, considerable financial resources, and our reputation as unrelenting legal advocates. Your first consultation is free, so contact our team in Charleston to set up a free consultation now.
Bobby has received many accolades throughout the years from both his peers in the legal community, as well as the media. The National Trial Lawyers association named Bobby a Top 100 Trial Lawyer and he has been selected as a Member of the Nation’s Top One Percent. Additionally, he has been named a Best Attorneys of America by Rue Ratings, which also named Warner Law Offices to its Best Law Firms of America.
We represent clients across West Virginia and surrounding areas, providing compassionate client service and relentless advocacy in and out of the courtroom.