Car insurance claim rules in West Virginia

The clock on a West Virginia claim

The Insurance Commissioner's legislative rule on unfair trade practices, Series 114-14 of the Code of State Rules (effective April 24, 2006), turns the duty to act promptly into working-day and calendar-day limits.

If you are handling a claim without a lawyer, the insurer must warn you before a time limit runs out: at least 30 days ahead for its own customer and 60 days for anyone else. When dates slip, the letters in claims that drag on help you put the delay on the record.

When a West Virginia car is a total loss

W. Va. Code § 17A-4-10 treats a vehicle as a total loss when it has damage equal to 75% or more of its market value, as shown in a nationally accepted used car value guide, or when it meets the definition of a flood-damaged vehicle. The statute sets no model-year limit.

• The title goes with the payment. To pay a total loss claim, the insurer must have the owner surrender the certificate of title, unless the owner keeps the car.
• Classification first. Before paying, the insurer must classify the car as repairable, cosmetic-only or nonrepairable.
• Ten days to the DMV. Within 10 days of paying the total loss, the insurer must send the title, a copy of the claim settlement and the application to the Division of Motor Vehicles.

A worked example: on a car with a guide value of $14,000, damage of $10,500 is exactly 75%, so it is a total loss under the statute. The total loss check runs the same math, and our guide to total loss claims explains what the settlement should include.

Reporting a West Virginia crash

Under W. Va. Code § 17C-4-6, the driver must give notice immediately, by the quickest means available, after a crash that injures or kills someone or causes total property damage of an apparent $1,000 or more. Inside a city, call the local police; elsewhere, call the county sheriff or the nearest West Virginia State Police office.

The written report is the officer's job. Section 17C-4-7 requires an officer who investigates a crash with bodily injury, death or $1,000 or more in property damage to submit a report within 24 hours after finishing the investigation, with a preliminary report on day 10 if it runs longer. Your insurer will usually ask for the report number.

Fault and who pays

West Virginia is an at-fault state. Under W. Va. Code § 55-7-13a, recovery is based on comparative fault, with liability split by each person's percentage of fault. Section 55-7-13c adds that your own fault does not bar recovery unless it is greater than the combined fault of everyone else, and your recovery is reduced in proportion to your share.

• At 50% at fault, you can still recover half of your damages; above 50%, you recover nothing from the others.
• Your collision coverage can fix your car while the other insurer weighs fault, and your insurer then recovers what it paid from the other side.

Deadlines to sue and where to complain

W. Va. Code § 55-2-12 gives two years after the right to sue accrues, both for damage to property and for personal injuries. Settlement talks don't stop the clock.

1. Ask the insurer in writing for the written denial or offer the rule requires, with the policy provision it relies on.
2. Keep a log of each date in the table above that passes without an answer.
3. File a complaint with the West Virginia Offices of the Insurance Commissioner; our guide to insurance department complaints shows what to include.

Questions people ask