Personal Injury | Nursing Home Abuse Lawyers
Charleston, WV and Columbus, OH

Who Pays For Car Accident Compensation in West Virginia?

We know how to help you recover compensation

A serious car accident can affect your life in many different ways. You may be suffering from severe injuries that require extensive and costly medical treatment. If you can't work, you lose income while the bills keep coming in. Someone's negligence caused the accident and you know you deserve compensation. But you aren't sure how to go about getting it.

The Charleston car accident attorneys at Mani Ellis & Layne, PLLC understand the accident insurance system in West Virginia. Our firm has been helping accident victims for more than a decade. We take all the details of your injury claim into account. Symptoms such as lower back pain and shoulder pain are important factors we use to calculate the car accident compensation you deserve. We have dealt with many different situations involving accident claims and can advise you on the best course of action to take.

Is West Virginia a fault or no fault state?

West Virginia has a "fault" insurance system (sometimes called an "at-fault" system). In short, this means that the driver responsible for causing the accident is responsible for paying the damages. But it is not always that simple. In general, you have three options for recovering compensation after a car accident:

  • File a "first-party" claim with your own insurance company – Your insurance company deals with the claim and pays you compensation. They also deal with the at-fault driver's insurance company.
  • File a "third-party" claim with the at-fault driver's insurance company – The at-fault driver's insurance company deals with the claim and pays you compensation. To initiate the claim, you need to send a letter to the insurance company (we can send it on your behalf). This is a good option if your damages exceed the limits of your own policy.
  • File a lawsuit against the at-fault driver– If the different sides can't agree on the value of your claim, filing a lawsuit and letting a court decide may be your best option. But in order to prevail, you need to build a strong case based on evidence.

Our attorneys can review your case and give you the information you need to make a decision on how to proceed. We will look for the best strategy to recover compensation for all of the damages you suffered, including past and future medical expenses, lost income, lost future income, vehicle repairs, pain and suffering and emotional distress. In some cases, that may involve compensation for the death of a loved one.

If needed, we can help you file a car accident lawsuit and guide you through the process every step of the way.

West Virginia auto insurance

When operating a motor vehicle in West Virginia, all drivers must carry car insurance. The mandatory car insurance requirements for West Virginia include:

  • $25,000 bodily injury coverage per person
  • $50,000 bodily injury coverage per accident
  • $25,000 property damage per accident.

Optional insurance coverage is also available, including:

  • Personal Injury Protection (PIP): This provides coverage for damages such as medical bills and lost wages, regardless of who is at fault.
  • Underinsured Motorist (UIM) coverage: This provides financial protection to you and your passengers if you are involved in an accident with a driver who has insurance coverage, but their coverage limits cannot cover all your damages.

An experienced legal team ready to help with your case

Our legal team investigates your accident to find evidence that the other driver was negligent. We review all documents, interview witnesses, examine evidence and consult with experts as needed. Our attorneys handle all the red tape and paperwork. We want you to focus on getting better and recovering from your car accident injury.

We put in all this work because it gives you the best chance of recovering the maximum amount of compensation possible. You can count on us to fight hard on your behalf. We have obtained many successful outcomes for clients through negotiated settlement and jury verdicts. Contact us for a free consultation with one of our Charleston car accident compensation lawyers to learn more about how we can help you with your injury claim.

Charleston, WV

Mani Ellis & Layne, PLLC
10 Hale St Suite 501
Charleston, WV 25301
Phone: (304) 720-1000

Columbus, OH

Mani Ellis & Layne, PLLC
20 E Broad St Suite 1000
Columbus, OH 43215
Phone: (614) 587-8423