West Virginia Car Accident Settlement Calculator

Under West Virginia's modified comparative fault system, motor vehicle accident claimants can recover as long as their fault does not exceed 50%. Your damages are reduced by your fault percentage, and the critical question in every West Virginia car accident case is whether the at-fault driver bears the majority of responsibility.

West Virginia gives you 2 years from the date of the incident to file a lawsuit, which is in line with the national average of 2.7 years. This is a standard timeframe, but acting sooner preserves evidence and strengthens your position. West Virginia applies a discovery rule, meaning the clock may start when you discover (or should have discovered) the injury rather than when the incident occurred.

West Virginia’s mandatory minimum auto insurance is 25/50/25 (bodily injury per person / per accident / property damage). These are relatively low minimums. Medical costs from even a moderate car accident frequently exceed $25K, which means you may need to pursue additional recovery options if the at-fault driver carries only the minimum. West Virginia requires both uninsured (UM) and underinsured (UIM) motorist coverage, adding important protection layers for accident victims.