Lawsuit Info Center / Car Accident Settlement Guide / West Virginia Car Accident Settlement

West Virginia Car Accident Settlement

West Virginia Auto Accident Claims

If you have been injured in a West Virginia car accident, you may wonder how to get compensated for your losses. The good news is that you have options. You can file a claim or lawsuit with the other driver’s insurance company. If you can settle with the other driver’s insurance company, you will receive a lump sum to cover your medical expenses, lost wages, and other damages.In this article, you’ll learn what you need to do after your accident and what the average settlement is for a car accident in West Virginia.

Car Accident Settlement

How to Get a Settlement After a Car Accident in West Virginia

The first step in getting a settlement is to file a claim with the other driver’s insurance company. You will need to provide the insurance company with a copy of the police report, as well as medical records and other documentation of your injuries. The insurance company will then review your claim and make an offer. If they make you an offer and you want to proceed with the amount they offered, the settlement will be processed and you will receive your money in a few days (this is relative).            

The amount of the car accident settlement will depend on numerous factors, such as the severity of your injuries and the amount of medical bills you have incurred. Additionally, if you are unable to work due to your injuries, you may be eligible for compensation for lost wages.

It is important to note that when you agree to a settlement, you agree to accept the money and not pursue any further legal action against the other driver. If your injuries worsen after the settlement has been finalized, you can no longer seek additional compensation.

You may have to file a lawsuit if you cannot settle with the other driver’s insurance company. If you decide to pursue this option, it is important to understand your rights and responsibilities under West Virginia law. You should also familiarize yourself with the deadlines for filing a claim and other procedural issues related to civil litigation in West Virginia.

How Long Do I Have To File A West Virginia Car Accident Settlement?   West Virginia Auto Accident Claims

After you’ve regained your composure after your car accident, you will want to reach out to a lawyer.  In West Virginia you only have 2 years  from the date of your car accident to file a lawsuit.  This is the same whether you are seeking damages for personal injury or property damage.  These two years go by quicker than you expect and it is recommended to get the ball rolling as quickly as possible.

The one exception to this is if your accident involved any type of government vehicle.  In this case the laws are different but you will need to file quickly in this case, often within 90 days of your accident.

What to Expect in a West Virginia Car Accident Settlement

Once the insurance company agrees to a car accident settlement, you will receive a lump sum of money.

If you have questions or concerns about a car accident settlement in West Virginia, it is important to speak with an attorney who is experienced in handling car accident claims. An attorney can review your case and provide legal advice about the best course of action for you.

How Long Does the West Virginia Car Accident Settlement Process Take?

The length of time it takes to settle a car accident claim with the insurance company will vary. In some cases, you may settle within a few weeks. In other cases, it may take several months or even years. If you cannot settle with the other driver’s insurance company, you may need to file a lawsuit.

What Happens If You File a Lawsuit?

If you file a car accident lawsuit, you will need to go to court. The judge will decide who is at fault for the accident and how much money you should receive. Going to court can be long and expensive, but sometimes, it may be the only way to get the compensation you deserve.

If you have been injured in a car accident in West Virginia, it is important to speak with an attorney as soon as possible. An attorney can help you understand your legal rights and can help you get the compensation you deserve.

West Virginia Auto Accident Laws

  • West Virginia is a fault state. This means that the driver at fault for a car accident pays for the damages caused to other drivers and passengers.
  • Modified comparative fault system. This means that even if you are partially at fault for a car accident, you can still recover damages from the other driver, but your percentage of fault will reduce your damages. More on this below. 

Comparative Fault Rules In West Virginia

If you’ve been hurt in an accident West Virginia, the law determining your compensation is called “comparative fault.”  It’s often tough to determine who’s at fault for an auto accident and sometimes each party is at fault.  This law means that each driver will be determined to be a certain percentage at fault for an accident and paid out accordingly.  Let’s look at an example.

Assume you are in an accident and between injury, lost wages and medical bills the total is $50,000.  If the jury after looking at the evidence determines that  the other driver is 80% at fault you would get $40,000 which is 80% of the total $50,000 number.  If you are deemed to be more than 50% at fault you will automatically not be eligible for any settlement.

If you have any questions that you are looking for further details, please visit West Virginia’s Department of Transportation website here.

West Virginia Car Accident Settlement Calculator:

Have you been involved in a motor vehicle accident or otherwise injured in West Virginia? Find out how much financial compensation you may be legally entitled to in just minutes with our free car accident settlement calculator.

West Virginia Accident Settlement Taxes

Fighting for your personal injury settlement was hard, but now you need to be concerned about paying taxes on it at the federal and West Virginia state levels. Fortunately, most of your personal injury settlement is paid to you without you having to pay taxes on it.

The good news is the IRS states in Title 26 Section 104(a) of the US Code that the government cannot tax damages that you receive in a car accident settlement. This includes your medical expenses, most importantly. But if you took a tax deduction for any of those expenses, you would need to pay taxes on that income.

You also do not need to pay taxes on compensation received for property damage or loss, such as damage to your vehicle. Further, if you receive compensation for lost earning capacity, this is not taxable. But if you receive money for lost wages in the past, this is usually taxable as income at the federal and state levels.

It also is important to know that you will be taxed if you receive money for punitive damages. These are damages that are intended to punish the defendant and are not for any injuries that you suffered.

Further, note that you are not taxed on pain and suffering compensation if it is related to a physical illness or injury. But if it is only for mental suffering, then this is taxable.

Additional Resources For Car Accident Victims in West Virginia

  • West Virginia Department of Motor Vehicles – The WV DMV website has a section dedicated to car accidents, including information on how to file a claim, what to do if you are injured, and how to find a lawyer.
  • West Virginia Insurance Commission – The WV Insurance Commission website has information on car insurance laws and regulations in West Virginia. You can also file a complaint against an insurance company if you have been treated unfairly.
  • West Virginia Office of Victims of Crime – The WV Victim’s Assistance Program provides free assistance to crime victims, including car accident victims. They can help you with things like filing a police report, getting medical care, and applying for financial assistance.

These are just a few resources available to car accident victims in West Virginia. If you have been in a car accident, it is important to get help as soon as possible. You can contact any organizations listed above for more information and assistance.

Car Accident Settlement

Related Articles

Whiplash Payout Scale for Grades 0-4

Whiplash is common in car accidents, especially rear-end collisions. Your head and neck are forcefully jerked back and forward by the rapid acceleration-deceleration combination, causing injury to the head, neck, and shoulders. Each auto accident is...

How Long Does a Car Accident Settlement Take?

Involvement in a traffic collision creates a difficult situation, which can be made worse by injuries and property damage. You may be legally entitled to monetary compensation. How long does a car accident settlement take? The answer is different for everyone, but...