What is a car accident claim worth in West Virginia?
Every rule below is quoted from West Virginia law or a state agency, with a link. Checked September 17, 2026.
The short answer
Nobody can price your claim from a web page, and any site that gives you one number is guessing. What we can show you is real: the amount insurers actually paid per claim in West Virginia, and the West Virginia rules that raise or lower what you collect. $23,323 was the average injury claim paid in West Virginia in 2022.
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Averages come from NAIC 2022/2023 Auto Insurance Database Report. State rules are quoted from West Virginia law on this site, each with a link.
What claims paid in West Virginia
Injury claims in West Virginia averaged $23,323 each in 2022.
Car and property damage claims averaged $5,965.
| Injury claim paid by the at fault driver's insurance | $23,323 |
|---|---|
| Car and property damage | $5,965 |
| Medical payments coverage, paid by your own policy | $4,067 |
| Collision coverage, paid by your own policy | $6,832 |
These are averages of every claim insurers closed, from the largest to the smallest. A claim with a hospital stay sits far above the average, and a fender bender sits far below it.
What changes the number in West Virginia
If you were partly at fault
West Virginia uses modified comparative fault with a 51 percent bar. You can still recover money as long as your share of fault is not greater than the combined fault of everyone else responsible. If your fault is more than that, you recover nothing.
“Any fault chargeable to the plaintiff shall not bar recovery by the plaintiff unless the plaintiff's fault is greater than the combined fault of all other persons responsible”
The other driver's policy limit is the ceiling
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”
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”
The deadline that ends the claim
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”
What a lawyer takes if you hire one
West Virginia allows contingency fees in personal injury cases as long as the agreement is in writing and signed by the client and spells out how the fee is figured. Contingency fees are banned in criminal defense cases and in fee deals tied to winning a divorce or support award.
“A fee may be contingent on the outcome of the matter for which the service is rendered.”
Sources on this page
Each one was opened and checked on September 17, 2026.
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.