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West Virginia car accident laws
Is West Virginia a no-fault state? No. West Virginia is an at-fault state: the driver who caused the crash, through their liability insurance, pays for the injuries and damage.
West Virginia gives you two years to file a personal injury lawsuit (W. Va. Code § 55-2-12(b)).
The legal minimum liability coverage in West Virginia is $25,000 per injured person, $50,000 per crash and $25,000 for property (25/50/25).
Your fault does not bar recovery unless it is greater than the combined fault of everyone else, so at 50% you still recover; otherwise your award is reduced by your share of the fault.
Quoted from West Virginia statutes and official pages, checked October 2, 2026 · not legal advice
The rules in one table
| Rule | West Virginia | Source |
|---|---|---|
| Deadline to sue for an injury | Two years after the right to bring the action accrues, for damages for personal injuries | W. Va. Code § 55-2-12(b) |
| Deadline for vehicle damage | Two years after the right to bring the action accrues, for damage to property | W. Va. Code § 55-2-12(a) |
| Deadline for a wrongful death claim | Two years after the death of the deceased person | W. Va. Code § 55-7-6(d) |
| Claims against a government body | At least 30 days before suing a governmental agency, the claimant must give the agency's chief officer and the Attorney General written notice of the claim by certified mail. (Claims against the State may also go through the Court of Claims; no separate local-government notice period was checked.) | W. Va. Code § 55-17-3(a)(1) |
| Insurance system | at-fault | W. Va. Code § 17D-2A-3(a) |
| If you were partly at fault | modified comparative (51% bar). Your fault does not bar recovery unless it is greater than the combined fault of everyone else, so at 50% you still recover; otherwise your award is reduced by your share of the fault. | W. Va. Code § 55-7-13c(c) |
| Minimum liability coverage | $25,000 per person / $50,000 per crash / $25,000 property | W. Va. Code § 17D-4-2 |
| Dog bites | mixed. An owner or keeper who lets a dog run at large is liable for any damage it does to a person or property; for a dog that was not running at large, a victim generally must show the owner knew the dog was dangerous or was negligent. | W. Va. Code § 19-20-13 |
Deadlines can be shorter or longer for minors, for injuries found later, and for claims against a government. A lawyer licensed in West Virginia can tell you the date that applies to you.
Next steps after a West Virginia crash
How to get a West Virginia crash report ($20.00 per vehicle crash report by mail; $25.00 for a certified crash report or a fax or email copy; reconstructed reports $500.00 ($505.00 certified or faxed); photos $25.00 per set of up to 12; $1.00 per sheet after 50 pages).
Check your deadline and a rough claim range
A filing date and a rough value range for West Virginia. Both take under a minute.
Questions
How long do you have to sue after a car accident in West Virginia?
Two years for an injury claim (W. Va. Code § 55-2-12(b)) and two years for vehicle damage. Shorter notice rules can apply to claims against a government.
Is West Virginia a no-fault state?
No. West Virginia is an at-fault state: the driver who caused the crash, through their liability insurance, pays for the injuries and damage.
Can I recover if I was partly at fault in West Virginia?
West Virginia follows modified comparative (51% bar). Your fault does not bar recovery unless it is greater than the combined fault of everyone else, so at 50% you still recover; otherwise your award is reduced by your share of the fault.
What is the minimum car insurance in West Virginia?
The legal minimum liability coverage in West Virginia is $25,000 per injured person, $50,000 per crash and $25,000 for property (25/50/25).
Sources
- Deadline to sue for an injury (W. Va. Code § 55-2-12(b)): code.wvlegislature.gov/55-2-12/
Every personal action for which no limitation is otherwise prescribed shall be brought: (a) Within two years next after the right to bring the same shall have accrued, if it be for damage to property; (b) within two years next after the right to bring the same shall have accrued if it be for damages for personal injuries;
- Deadline for vehicle damage (W. Va. Code § 55-2-12(a)): code.wvlegislature.gov/55-2-12/
Every personal action for which no limitation is otherwise prescribed shall be brought: (a) 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 (W. Va. Code § 55-7-6(d)): code.wvlegislature.gov/55-7-6/
(d) Every such action shall be commenced within two years after the death of such deceased person, subject to the provisions of section eighteen, article two, chapter fifty-five.
- Claims against a government body (W. Va. Code § 55-17-3(a)(1)): code.wvlegislature.gov/55-17-3/
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 and the Attorney General written notice, by certified mail, return receipt requested, of the alleged claim and the relief desired.
- Insurance system (W. Va. Code § 17D-2A-3(a)): code.wvlegislature.gov/17D-2A-3/
(a) Every owner or registrant of a motor vehicle required to be registered and licensed in this state shall maintain security as hereinafter provided in effect continuously throughout the registration or licensing period
- If you were partly at fault (W. Va. Code § 55-7-13c(c)): code.wvlegislature.gov/55-7-13C/
(c) 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 for the total amount of damages, if any, to be awarded. If the plaintiff's fault is less than the combined fault of all other persons, the plaintiff's recovery shall be reduced in proportion to the plaintiff's degree of fault.
- Minimum liability coverage (W. Va. Code § 17D-4-2): code.wvlegislature.gov/17D-4-2/
$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 of $50,000 because of bodily injury to or death of two or more persons in any one accident, and in the amount of $25,000 because of injury to or destruction of property of others in any one accident
- Dog bites (W. Va. Code § 19-20-13): code.wvlegislature.gov/19-20-13/
Any owner or keeper of any dog who permits such dog to run at large shall be liable for any damages inflicted upon the person or property of another by such dog while so running at large.
Read October 2, 2026. Laws and fees change; the linked page is the authority.