Accident Settlement Calculator

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West Virginia Car Accident Settlement Calculator

In West Virginia, you generally have 2 years to file an injury lawsuit, you recover nothing if more than 50% at fault, and drivers must carry at least $25,000/$50,000 in injury liability. Enter your numbers below to see what a West Virginia claim may be worth and what you would actually take home.

1

Your accident

How serious is the injury?
2

Your costs so far

That's all you need for a first estimate. Rough numbers are fine.

Optional: make the estimate more accurate fault, insurance, lawyer fee
3

Fault and future costs

4

Insurance

5

What comes out of it

West Virginia rules in 30 seconds

If you were partly at faultYou get nothing if you are more than 50% at fault
Details & exceptions

West Virginia uses modified comparative fault: an injured person's fault does not bar recovery unless it is greater than the combined fault of all other persons responsible for the damages (so 50 percent or less can still recover), and damages are reduced by their percentage of fault. At 51 percent or more, they recover nothing. Fault of nonparties can be considered in allocating fault (W. Va. Code 55-7-13d).

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Deadline to file a lawsuit2 years from the accident
Details & exceptions

W. Va. Code 55-2-12: 2 years for damage to property and 2 years for damages for personal injuries, after the right to bring the action accrues. Wrongful death: 2 years after the date of death (W. Va. Code 55-7-6(d), from secondary reporting; not read directly). Claims against political subdivisions (cities, counties, etc.): 2 years after the cause of action arose or after the injury was or reasonably should have been discovered, whichever is later; minors under 10 get until the later of that period or their 12th birthday (W. Va. Code 29-12A-6). Statute text was read from FindLaw mirrors (current as of 2024-01-01) because the official code site redirected automated requests away.

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Other driver's minimum insurance$25,000 per person, $50,000 per accident
Details & exceptions

Property damage minimum: $25,000. W. Va. Code 17D-4-2(b): for policies on or after January 1, 2016, proof of financial responsibility is $25,000 for bodily injury or death of one person, $50,000 for two or more persons, and $25,000 for property damage per accident (previously 20/40/10 under 17D-4-2(a); policies in effect on December 31, 2015 at the old limits remained valid until expiration or renewal). The West Virginia Offices of the Insurance Commissioner lists the same 25/50/25 mandatory limits. Bills to raise the minimums (HB 2202 and HB 3321 of 2025; HB 5505 of 2026) were introduced; HB 5505's last action was referral to the House Banking and Insurance Committee on 2026-02-16, and none was found to have passed.

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Who pays your medical billsThe at-fault driver's insuranceSee all no-fault states →
Cap on pain and sufferingNo cap for typical car accident claims
Details & exceptions

No general cap for typical car accident injury claims. No general cap on noneconomic damages for ordinary car-accident injury claims. Narrow caps: (1) W. Va. Code 55-7-32 (2024 SB 583, effective July 1, 2024, for causes of action arising after that date) caps noneconomic loss at $5 million per occurrence per injured or killed person, but only against the 'employer defendant' (owner, employer or controller) of a commercial motor vehicle requiring a CDL, only if that defendant carries at least $3 million in CMV insurance, and not when the driver was impaired, refused testing, exceeded hours-of-service, drove willfully or wantonly, was overweight, or was distracted; the cap is inflation-indexed from January 1, 2026, up to 150 percent. (2) Medical professional liability: $250,000 / $500,000, inflation-adjusted (W. Va. Code 55-7B-8). (3) Political subdivisions: $500,000 per person for noneconomic loss (W. Va. Code 29-12A-7(b)). None of these applies to an ordinary private car-vs-car claim.

Uninsured motorist coverageRequired
Details & exceptions

W. Va. Code 33-6-31(b): a motor vehicle liability policy may not be issued unless it includes uninsured motorist coverage with limits at least equal to the 17D-4-2 minimums (25/50 bodily injury and $25,000 property damage). Insurers must also offer optional higher UM limits (up to $100,000/$300,000 bodily injury and $50,000 property damage) and the option to buy underinsured motorist coverage, which the insured may decline. UIM coverage is therefore optional.

Worked example: a typical West Virginia car accident claim

Another driver turned left into you at an intersection in West Virginia: $15,000 in medical bills, $5,000 in lost wages and a moderate injury that healed in a few months. The insurer says you were 20% at fault for speeding slightly, the other driver has a $100,000 policy, and your lawyer takes 33%.

  1. Economic damages$20,000Medical bills + expected future treatment + lost wages.
  2. Pain and suffering$20,000 – $40,000Multiplier method: economic damages × 2–3 for a moderate injury, minus the economic part itself.
  3. Total claim value$40,000 – $60,000Economic + pain and suffering.
  4. After your share of fault$32,000 – $48,000West Virginia uses modified comparative negligence (51% bar): you recover nothing if you are 51% or more at fault; otherwise recovery is reduced by your 20%.
  5. Limited by available insurance$32,000 – $48,000At-fault policy limit $100,000 + your UM/UIM $0.
  6. Estimated take-home$20,440 – $31,160Minus attorney fee (33%), case costs and medical liens.

You would take home about $25,800 ($20,440 – $31,160), after the 33% fee and $1,000 in case costs.

Typical figures (midpoint of a moderate injury multiplier), no medical liens. Run your own numbersor see the same crash in every state.

How much time do you have to file?

General personal injury deadline only. It can be shorter for claims against a city, county or state agency (often a written notice within months), and longer for minors. Check with a lawyer before relying on it.

Deadline traps in West Virginia

The 2-year lawsuit deadline is not the only clock. These are the ones people miss:

Crash with a government vehicle or on a public road30 days' notice before suing a state agency; 2 years for cities/counties

Before suing a state agency, send written notice by certified mail to the agency's chief officer and the Attorney General at least 30 days before filing. Suits against cities, counties and other political subdivisions must be filed within 2 years; no separate notice required.

W. Va. Code 55-17-3, Pre-suit notice to governmental agencies (FindLaw mirror)W. Va. Code 29-12A-6, Limitation of actions against political subdivisions (FindLaw mirror)

If the injured person is a child

The 2-year clock usually starts at age 18, but never more than 20 years after the injury. Against cities/counties, a child injured under age 10 has until the later of 2 years or the 12th birthday.

W. Va. Code 55-2-15, Persons under disability (FindLaw mirror)W. Va. Code 29-12A-6(b) (FindLaw mirror)

How fast a West Virginia insurer must respond

Insurers must acknowledge a claim and start investigating within 15 working days, deny or make a written offer within 10 working days of finishing the investigation, and pay within 15 working days of a settlement. Third-party claimants can complain only to the Insurance Commissioner.

W. Va. Code R. 114-14-6, Standards for prompt, fair and equitable settlements (Cornell LII)W. Va. Code R. 114-14-5, Acknowledgment of pertinent communicationsW. Va. Code 33-11-4a, Third-party claimant administrative complaints (West Virginia Legislature)

If an insurer misses these deadlines, you can file a complaint with the state insurance department. Compare all states:insurance claim deadlines by state.

Next steps after a West Virginia crash

Frequently asked questions

What is a typical car accident settlement in West Virginia?
It depends on the bills, the injury and fault. Worked example: with $15,000 in medical bills, $5,000 in lost wages and a moderate injury, 20% of the fault, a West Virginia claim against the other driver is worth about $40,000, and the injured person takes home about $25,800 after a 33% attorney fee and costs. At 51% fault, the same claim pays nothing in West Virginia.
Is West Virginia an at-fault or no-fault state for car accidents?
West Virginia's car insurance system: At-fault (tort).
Is there a cap on pain and suffering in West Virginia car accident cases?
No general cap for typical car accident injury claims. No general cap on noneconomic damages for ordinary car-accident injury claims. Narrow caps: (1) W. Va. Code 55-7-32 (2024 SB 583, effective July 1, 2024, for causes of action arising after that date) caps noneconomic loss at $5 million per occurrence per injured or killed person, but only against the 'employer defendant' (owner, employer or controller) of a commercial motor vehicle requiring a CDL, only if that defendant carries at least $3 million in CMV insurance, and not when the driver was impaired, refused testing, exceeded hours-of-service, drove willfully or wantonly, was overweight, or was distracted; the cap is inflation-indexed from January 1, 2026, up to 150 percent. (2) Medical professional liability: $250,000 / $500,000, inflation-adjusted (W. Va. Code 55-7B-8). (3) Political subdivisions: $500,000 per person for noneconomic loss (W. Va. Code 29-12A-7(b)). None of these applies to an ordinary private car-vs-car claim.
What happens if I was partly at fault for an accident in West Virginia?
West Virginia follows modified comparative negligence with a 51% bar: you recover nothing if you are 51% or more at fault, and otherwise your recovery is reduced by your percentage of fault.
How long do I have to file a car accident lawsuit in West Virginia?
Generally 2 years for personal injury and 2 years for property damage. W. Va. Code 55-2-12: 2 years for damage to property and 2 years for damages for personal injuries, after the right to bring the action accrues. Wrongful death: 2 years after the date of death (W. Va. Code 55-7-6(d), from secondary reporting; not read directly). Claims against political subdivisions (cities, counties, etc.): 2 years after the cause of action arose or after the injury was or reasonably should have been discovered, whichever is later; minors under 10 get until the later of that period or their 12th birthday (W. Va. Code 29-12A-6). Statute text was read from FindLaw mirrors (current as of 2024-01-01) because the official code site redirected automated requests away.
What is the minimum car insurance in West Virginia?
$25,000 per person and $50,000 per accident for bodily injury, and $25,000 for property damage. W. Va. Code 17D-4-2(b): for policies on or after January 1, 2016, proof of financial responsibility is $25,000 for bodily injury or death of one person, $50,000 for two or more persons, and $25,000 for property damage per accident (previously 20/40/10 under 17D-4-2(a); policies in effect on December 31, 2015 at the old limits remained valid until expiration or renewal). The West Virginia Offices of the Insurance Commissioner lists the same 25/50/25 mandatory limits. Bills to raise the minimums (HB 2202 and HB 3321 of 2025; HB 5505 of 2026) were introduced; HB 5505's last action was referral to the House Banking and Insurance Committee on 2026-02-16, and none was found to have passed.
What is the deadline to file a claim against the government in West Virginia?
30 days' notice before suing a state agency; 2 years for cities/counties. Before suing a state agency, send written notice by certified mail to the agency's chief officer and the Attorney General at least 30 days before filing. Suits against cities, counties and other political subdivisions must be filed within 2 years; no separate notice required.
How long does an insurance company have to respond to a claim in West Virginia?
Insurers must acknowledge a claim and start investigating within 15 working days, deny or make a written offer within 10 working days of finishing the investigation, and pay within 15 working days of a settlement. Third-party claimants can complain only to the Insurance Commissioner.

Related

Official sources