What to do after a car accident in West Virginia
Every rule below is quoted from West Virginia law or a state agency, with a link. Checked September 17, 2026.
At fault state
The short answer
West Virginia is an at-fault, or tort, state. The insurance the law requires is liability coverage that pays for injuries and damage you cause, it is not a no-fault or PIP system. You must immediately report a crash to police if anyone is hurt or killed, or if the total property damage looks like $1,000 or more. You have 2 years from the crash to file a lawsuit for your injuries.
Deadlines in West Virginia
- 2 years
- to sue for injuriesW. Va. Code § 55-2-12(b)
- 2 years
- to sue for car or property damageW. Va. Code § 55-2-12(a)
- 2 years
- for a family to sue after a deathW. Va. Code § 55-7-6(d)
- 30 days
- to notify the government if a public vehicle or road was involvedW. Va. Code § 55-17-3(a)(1)
Miss one of these and you can lose the right to claim, even with a strong case.
At the scene
Stop, share your information and help anyone hurt
You must stop at the scene, stay until you have exchanged your name, a phone number, and your insurance information, and give reasonable help to anyone hurt, like arranging a ride to a hospital.
“shall render to any person injured in such crash reasonable assistance, including the carrying, or the making arrangements for the carrying, of such person to a physician, surgeon or hospital”
When you must call the police
You must immediately report a crash to police if anyone is hurt or killed, or if the total property damage looks like $1,000 or more.
“The driver of a vehicle involved in a crash resulting in injury to or death of any person or total property damage to an apparent extent of $1,000 or more”
Moving your car out of traffic
West Virginia does not have a specific law requiring drivers to move driveable cars out of traffic after a minor, damage-only crash. The general rule is only that your stop at the scene cannot block traffic more than necessary.
“Every such stop shall be made without obstructing traffic more than is necessary.”
In the days after
Whether you must file a report yourself
West Virginia does not require the driver to separately file a written accident report with the DMV. The responding officer files the crash report, and it is sent to the Division of Highways so the state can check that you had insurance.
“The investigating law-enforcement officer shall submit the report electronically or in writing within 24 hours after completing the investigation to the Division of Highways”
Getting a copy of the crash report
You can request a West Virginia State Police crash report by mail, fax, or email using the WVSP Criminal and Crash Report Request form. A standard mailed crash report costs $20.
“Crime or Vehicle Crash Report Mail Crash Reports ONLY $20.00 x”
Who pays for the damage
West Virginia is an at-fault, or tort, state. The insurance the law requires is liability coverage that pays for injuries and damage you cause, it is not a no-fault or PIP system.
“The following are types of liability coverage required by State law: Bodily injury liability insurance, Property damage liability insurance, and Uninsured Motorists Coverage.”
Insurance rules in West Virginia
What insurance every driver must carry
The minimum coverage is $25,000 for injury to one person, $50,000 total for injury to two or more people in one crash, and $25,000 for property damage.
“in the amount of $25,000 because of bodily injury to or death of one person in any one accident, and, subject to the limit for one person, in the amount”
Personal injury protection (PIP)
West Virginia does not require drivers to carry personal injury protection, known as PIP.
“The following are types of liability coverage required by State law: Bodily injury liability insurance, Property damage liability insurance, and Uninsured Motorists Coverage.”
If the other driver has no insurance
Every auto insurance policy sold in West Virginia must include uninsured motorist coverage of at least the state minimum liability limits.
“Nor may any such policy or contract be so issued or delivered unless it contains an endorsement or provisions undertaking to pay the insured all sums”
Medical payments coverage
Medical payments coverage is not required in West Virginia. It is sold as an optional coverage that pays some medical bills for you and your passengers no matter who caused the crash.
“Medical Payments Coverage: pays a limited amount of medical expenses for you and others who were occupying your vehicle at the time of an accident regardless of fault.”
If an insurance company treats you unfairly
You can file a complaint against an auto insurance company with the West Virginia Offices of the Insurance Commissioner's Property and Casualty Division, online or by mailed paper form.
“To give us permission to investigate the issue with the insurance company, please complete our online complaint form or we can mail you a form to complete.”
The deadline rules, word for word
Deadline to sue for injuries
You have 2 years from the crash to file a lawsuit for your injuries.
“within two years next after the right to bring the same shall have accrued if it be for damages for personal injuries”
Deadline to sue for car damage
You have 2 years from the crash to file a lawsuit over vehicle or property damage.
“Within two years next after the right to bring the same shall have accrued, if it be for damage to property”
Deadline for a wrongful death claim
A family has 2 years from the date of death to file a wrongful death lawsuit over a fatal crash.
“Every such action shall be commenced within two years after the death”
If a government vehicle or road was involved
If a state or local government vehicle or road is involved, you must send the government agency and the Attorney General written notice of your claim by certified mail at least 30 days before you file a lawsuit.
“at least 30 days prior to the institution of an action against a governmental agency, the complaining party or parties shall provide the chief officer of the governmental agency”
Sources on this page
Each one was opened and checked on September 17, 2026.
- W. Va. Code § 17D-4-2; WV Offices of the Insurance Commissioner, A Consumer's Guide to Auto Insurance
- W. Va. Code § 55-7-13c(c)
- W. Va. Code § 55-2-12(b)
- W. Va. Code § 55-7-6(d)
- W. Va. Code § 55-17-3(a)(1)
- W. Va. Code § 17C-4-6
- W. Va. Code § 17C-4-7(c)
- W. Va. Code § 17D-4-2(b)
- W. Va. Code § 33-6-31(b)
- W. Va. Code §§ 17C-4-1, 17C-4-3
- W. Va. Code § 17C-4-2
- WVSP Form 141, Criminal and Crash Report Request Form (Rev. 1/2024)
- WV Offices of the Insurance Commissioner, Consumer Services (Property and Casualty)
- West Virginia Rules of Professional Conduct, Rule 1.5(c) and (d)
Know My Claim is not a law firm or a government agency, and this page is not legal advice. Laws change, so check the linked source before you rely on a deadline.