No-Fault vs. At-Fault Accidents: What to Do After an Accident in West Virginia

Do you know that West Virginia is an at-fault state? If anyone causes you harm due to their reckless, criminal, or negligent behavior, the West Virginian laws state that you can seek compensation for your damages. You can request compensation either by monetary means or by replacing the damaged property if possible.

However, before you can get your compensation, you will have to convince the insurance company that the liable party is truly at fault. That means you will need concrete evidence like medical reports, witness statements, and photographs of the accident scene. You might not get the necessary settlement if you cannot present this evidence.

What Are No-fault and At-fault Accidents?

The primary difference is having the right to sue a party responsible for an accident, which varies among US states. There are no-fault states, which means the state’s law does not fault any party. Instead, drivers are required to purchase PIP coverage (Personal Injury Protection), which covers the expenses of the accident victim(s).

On the other hand, at-fault states like West Virginia rule that the party at fault will be held liable and compensate the victim for damages. When involved in an accident, it is best that you start by identifying what category the state you are in falls into first before proceeding with the legal processes required.

The At-fault and No-fault States

The following US states are at-fault states:

• West Virginia

• Alabama

• Alaska

• Arizona

• Missouri

• Virginia

• Washington

• Wyoming

• Idaho

• Illinois

• Mississippi

• Montana

• Indiana

• Iowa

• Louisiana

• Maine

• Maryland

• Ohio

• Arkansas

• California

• Colorado

• Connecticut

• Delaware

• Georgia

• Oklahoma

• Oregon

• Nebraska

• Nevada

• New Hampshire

• South Carolina

• South Dakota

• New Mexico

• North Carolina

• Rhode Island

• Tennessee

• Texas

• Vermont

• Wisconsin

The no-fault states

Below are the no-fault states in the United States:

• New York

• North Dakota

• Florida

• Hawaii

• Michigan

• Minnesota

• New Jersey

• Pennsylvania

• Utah

• Kansas

• Kentucky

• Massachusetts

When Should I File a Personal Injury Lawsuit?

“Do not settle for less when you can get more from a lawsuit,” says West Virginia attorney Jan Dils of Jan Dils, Attorneys at Law. That means, even when the liable party grants a fair settlement that might not cover your damages, which include psychological damages too, bid for a higher settlement that will serve you till you are fully recovered.

Sometimes, in an accident in which you might suffer fatal injuries, your injuries may go beyond the policy limits of the victims. That way, you should file a personal injury suit to receive damages not covered by insurance, including crashes involving uninsured drivers.

Here are some of the damages you can file for in your lawsuit:

• Rehabilitation expenses

• Current and future medical costs

• Aide care or home nursing

• The cost involved in repairing your vehicle or home to adjust to your current state.

• Suffering and pain

• Reduced quality of life

• Scarring and disfigurement

• Funeral expenses for dead loved ones as a result of the crash

• Loss of consortium

According to West Virginia’s law, you must file a lawsuit within two years of the accident, or you will risk losing the chance of compensation for the damages. The countdown starts from the date of the accident. If the accident results in the death of a loved one, the time starts counting from when they passed.

Conclusion

In some cases, accident faults are shared between the parties involved, and the party with a larger share of faults has a higher price to pay in terms of compensating the victims, but this happens mostly in at-fault states. However, if you are a victim of a vehicle accident in any of the states, ensure you get an attorney who understands the accident policies of the state.