West Virginia Traffic Accidents — Reporting & Legal Rights
Accident reporting requirements, fault system, statute of limitations, and insurance claims in West Virginia.
What to Do After an Accident
Accident Reporting Requirements
You must report an accident in West Virginia if damage exceeds Any injury or death — the driver must immediately stop at the scene and remain there until complying with § 17C-4-3; no dollar damage threshold appears in this section (damage-only crashes are covered by § 17C-4-2) or if anyone is injured or killed §17C-4-1.
Fault and Insurance
West Virginia follows a At-fault (modified comparative fault — 51% bar) system:
| West Virginia Rules | |
|---|---|
| Fault System | At-fault (modified comparative fault — 51% bar) |
| Reporting Threshold | Any injury or death — the driver must immediately stop at the scene and remain there until complying with § 17C-4-3; no dollar damage threshold appears in this section (damage-only crashes are covered by § 17C-4-2) §17C-4-1 |
| Statute of Limitations | 2 years for personal injury |
Statute of Limitations
You have 2 years from the date of the accident to file a personal injury lawsuit in West Virginia under the Statute of limitations. Property damage claims may have a different deadline.
Ready to Talk to a Lawyer?
Submit a short intake form and a participating West Virginia attorney who handles this type of matter may reach out to you. No commitment required.
Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.