Key Takeaways
- West Virginia requires minimum liability coverage of 25/50/25
- Uninsured motorist (UM) coverage must be offered at same limits as liability
- Underinsured motorist (UIM) coverage must also be offered
- All drivers must carry proof of insurance at all times
- West Virginia follows a tort (at-fault) system for auto accidents
West Virginia Auto Insurance Requirements
Mandatory Coverage: 25/50/25
West Virginia law requires all motor vehicle owners to maintain minimum liability insurance:
| Coverage | Minimum Limit | What It Covers |
|---|---|---|
| Bodily Injury - Per Person | $25,000 | Injury to one person |
| Bodily Injury - Per Accident | $50,000 | Total injuries per accident |
| Property Damage | $25,000 | Damage to others' property |
Understanding 25/50/25
Bodily Injury Per Person ($25,000)
- Maximum paid for injuries to ONE person
- Includes medical expenses, lost wages, pain and suffering
- Applies to each injured party separately
Bodily Injury Per Accident ($50,000)
- Maximum paid for ALL injuries in ONE accident
- Shared among multiple injured parties
- Cannot exceed per-person limit for any individual
Property Damage ($25,000)
- Covers damage to other vehicles and property
- Includes buildings, fences, utility poles
- Does NOT cover your own vehicle damage
Example: You cause an accident injuring two people. One has $30,000 in injuries, the other has $15,000. Your policy pays $25,000 to the first (per-person max) and $15,000 to the second, totaling $40,000 (under the $50,000 per-accident limit). You are personally liable for the $5,000 exceeding the per-person limit.
Uninsured Motorist (UM) Coverage
West Virginia UM Requirements
| Requirement | Details |
|---|---|
| Offer Requirement | Insurers MUST offer UM coverage |
| Minimum Limits | Same as liability limits purchased |
| Written Rejection | May reject in writing only |
| Covers | Accidents with uninsured drivers |
| Hit-and-Run | Covered under UM |
What UM Covers
UM coverage protects you when injured by:
- Driver with no insurance
- Driver whose insurance company is insolvent
- Hit-and-run driver (if conditions met)
- Stolen vehicle operator
UM Coverage Details
| Aspect | Details |
|---|---|
| Who's Covered | Named insured, family members, permissive users |
| Vehicles Covered | Described vehicles, temporary substitutes |
| Territory | Typically U.S., territories, Canada |
| Stacking | May be able to stack multiple vehicle limits |
Stacking in West Virginia
What is Stacking? Combining coverage limits from multiple vehicles or policies.
| Type | Example |
|---|---|
| Intra-Policy | Stacking limits for two cars on same policy |
| Inter-Policy | Stacking limits from different policies |
West Virginia Position: Insurers may offer anti-stacking provisions, but this varies by policy. Review policy language carefully.
Underinsured Motorist (UIM) Coverage
West Virginia UIM Requirements
| Requirement | Details |
|---|---|
| Offer Requirement | Insurers MUST offer UIM coverage |
| Minimum Limits | Same as liability limits purchased |
| Written Rejection | May reject in writing only |
| Covers | At-fault driver has insufficient coverage |
How UIM Works
UIM pays when the at-fault driver's liability limits are less than your damages:
Example:
- Your damages: $100,000
- At-fault driver's liability: $25,000
- Your UIM coverage: $100,000
- UIM pays: Up to $75,000 (difference)
UIM vs. UM
| Feature | UM | UIM |
|---|---|---|
| Trigger | No insurance | Insufficient insurance |
| At-Fault Driver | Uninsured | Insured but underinsured |
| Your Recovery | From your UM | From at-fault + your UIM |
Medical Payments (MedPay)
What It Covers
| Coverage | Details |
|---|---|
| Purpose | Pay medical expenses regardless of fault |
| Who's Covered | Insured and passengers |
| No-Fault | Pays regardless of who caused accident |
| Common Limits | $1,000 - $10,000 |
MedPay Benefits
- Quick payment without fault determination
- Covers deductibles on health insurance
- No subrogation typically
- Available for occupants of covered auto
Personal Injury Protection (PIP)
PIP in West Virginia
West Virginia does NOT mandate PIP coverage, but insurers may offer it:
| Feature | Details |
|---|---|
| Status | Optional in West Virginia |
| Coverage | Medical, lost wages, essential services |
| No-Fault | Pays regardless of who is at fault |
| Availability | May be offered by some insurers |
Collision and Comprehensive
Collision Coverage
| Aspect | Details |
|---|---|
| What It Covers | Damage to your vehicle from collision |
| Status | Optional (but lender may require) |
| Deductible | Common: $250, $500, $1,000 |
| Payment | ACV minus deductible |
Comprehensive Coverage
| Aspect | Details |
|---|---|
| What It Covers | Non-collision losses |
| Covered Perils | Theft, vandalism, fire, weather, animals |
| Status | Optional |
| Deductible | Often lower than collision |
Comprehensive Covered Perils
- Theft of vehicle
- Fire and explosion
- Glass breakage
- Flood
- Wind and hail
- Vandalism and malicious mischief
- Riot and civil commotion
- Falling objects
- Animal collisions (deer, etc.)
West Virginia Tort System
At-Fault System
West Virginia follows a tort (at-fault) system:
| Feature | How It Works |
|---|---|
| Fault Determination | Must prove who caused accident |
| Recovery | Claim against at-fault driver |
| Damages | Can recover all damages from at-fault party |
| Lawsuit | May sue for injuries and damages |
Comparative Negligence
West Virginia follows modified comparative negligence:
| Rule | Application |
|---|---|
| 50% Bar Rule | Cannot recover if 50% or more at fault |
| Reduction | Recovery reduced by your percentage of fault |
| Example | If 30% at fault, recover 70% of damages |
Example:
- Total damages: $100,000
- Your fault: 25%
- Recovery: $75,000 (reduced by 25%)
If your fault was 50% or more, you recover nothing.
Proof of Insurance Requirements
What You Must Carry
| Requirement | Details |
|---|---|
| Insurance Card | Proof of valid liability coverage |
| Format | Paper or electronic (smartphone) acceptable |
| When Required | Must show upon request by officer |
| Update | Keep current card in vehicle |
Electronic Proof
West Virginia accepts electronic proof of insurance:
- Smartphone display of insurance card
- Insurer's mobile app
- Digital copy of insurance card
Note: Officer may ask to see both front and back of card if displayed electronically.
Penalties for No Insurance
Driving Without Insurance
| Violation | Penalty |
|---|---|
| First Offense | Fine $200-$5,000, license suspension |
| Second Offense | Increased fines, longer suspension |
| Registration | Vehicle registration suspended |
| SR-22 | May require SR-22 filing |
SR-22 Requirements
| Aspect | Details |
|---|---|
| What It Is | Proof of future financial responsibility |
| When Required | After serious violations, lapses |
| Duration | Typically 3 years |
| Filing | Insurer files with DMV |
Vehicle Registration
West Virginia verifies insurance at registration:
- Must show proof of insurance to register vehicle
- Random verification may occur
- Failure results in registration suspension
Auto Policy Cancellation
Insurer Cancellation Rights
| Timeframe | Notice Required | Reasons |
|---|---|---|
| First 60 days | 10 days | Any reason |
| After 60 days | 30 days | Specific reasons only |
| Non-payment | 10 days | Premium not paid |
Valid Reasons After 60 Days
- Non-payment of premium
- License suspended or revoked
- Material misrepresentation on application
- Failure to disclose relevant information
- Substantial increase in risk
Policyholder Rights
- Written notice required
- Reason must be stated
- Right to refund of unearned premium
- May file complaint with OIC
Exam Tip: West Virginia requires minimum liability of 25/50/25. Insurers must OFFER UM and UIM coverage at the same limits as liability, but policyholders can reject these coverages in writing.
What are West Virginia's minimum auto liability insurance limits?
What must West Virginia auto insurers do regarding Uninsured Motorist (UM) coverage?
West Virginia follows which type of auto insurance system?