Is West Virginia a no-fault state?

No. West Virginia is an at-fault (“tort”) state — the driver who caused the crash, through their insurer, is responsible for the injury damages. You generally pursue the at-fault driver's insurer rather than your own.

What is West Virginia's fault rule for a car accident?

West Virginia follows modified comparative — 50% bar. You can recover only if you were less than 50% at fault; your award is reduced by your share.

How long do I have to file an injury claim in West Virginia?

In West Virginia the statute of limitations for a personal-injury claim is generally 2 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.

West Virginia · Injury claims

Car accident injury claims in West Virginia

In West Virginia, an injury claim runs through the at-fault driver's insurer — and how much you can recover turns on the state's fault rule, coverage minimums, and a filing deadline that's easy to miss. Here's what shapes an injury claim in West Virginia.

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West Virginia at a glance

Fault rule: Modified comparative — 50% bar
No-fault state?: No
Minimum liability coverage: 25/50/25 ($25K BI/person, $50K BI/accident, $25K PD/accident) under W. Va. Code § 33-6-31; UM mandatory at 25/50/25; UIM mandatorily offered at BI-equal limits with written rejection; MedPay optional
Time limit for an injury claim: 2 years

How fault works in West Virginia

W. Va. Code § 55-7-13c (codified 2015 SB 6, effective June 2, 2015) — modified comparative fault with 50% bar: plaintiff at 50% fault or greater recovers $0; plaintiff under 50% recovers reduced damages. Pre-2015, WV was pure comparative under Bradley v. Appalachian Power Co., 163 W. Va. 332, 256 S.E.2d 879 (W. Va. 1979) — plaintiff recovered at any fault level under 100%. ACCIDENT-DATE BRANCHING IS CRITICAL (June 2, 2015 dividing line). Joint liability abolished; several-only allocation. WV joins the GA/OH/IL/MA/CO/MN/UT/TN/KS/AR less-than-50% cluster as the 11th member.

Paying for injuries in West Virginia

WV is a pure at-fault state — NO statutory PIP/no-fault. First-party medical coverage is via optional MedPay (carrier-offered, not mandated), via the claimant's UM/UIM if at-fault is uninsured/underinsured, or via the claimant's health insurer (subject to subrogation/lien). No tort threshold — noneconomic damages recoverable from accident #1 subject to the modified-comparative-50%-bar reduction (post-2015). No statutory PIP-coordination workflow.

How Moe handles injury claims in West Virginia

Knowing the rule is one thing — applying it against a carrier is another. Moe builds your case to West Virginia’s rules, drafts every letter for your approval, tracks the deadlines, and only pings you when there’s a decision to make.

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West Virginia injury claims — common questions

Is West Virginia a no-fault state?: No. West Virginia is an at-fault (“tort”) state — the driver who caused the crash, through their insurer, is responsible for the injury damages. You generally pursue the at-fault driver's insurer rather than your own.
What is West Virginia's fault rule for a car accident?: West Virginia follows modified comparative — 50% bar. You can recover only if you were less than 50% at fault; your award is reduced by your share.
How long do I have to file an injury claim in West Virginia?: In West Virginia the statute of limitations for a personal-injury claim is generally 2 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.

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All West Virginia accident-claim rules · Other states

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This page summarizes West Virginia’s car-accident claim rules for general information — it is not legal advice, and the rules can change. What applies to your claim depends on your policy and the specific facts.