What the West Virginia car accident statute of limitations means for you
The West Virginia car accident statute of limitations gives you two years. Call free to confirm your date.
West Virginia gives two years to sue for your injuries and two for your car, under Code 55-2-12. What sets it apart is how fault is paid. Each driver found at fault pays only their own share, so suing every responsible party matters.
The deadlines in West Virginia
| What | Time limit | Law |
|---|---|---|
| Injury lawsuit | Two years | W. Va. Code 55-2-12(b) |
| Car or property damage lawsuit | Two years | W. Va. Code 55-2-12(a) |
| Shared fault | Barred if your fault is greater than all others combined | W. Va. Code 55-7-13c(c) |
| Minimum liability cover | $25,000 / $50,000 / $25,000 | W. Va. Code 17D-4-2 |
| Wrongful death lawsuit | Two years from the death | W. Va. Code 55-7-6(d) |
| Lawsuit against a county, city or other political subdivision | Two years | W. Va. Code 29-12A-6 |
Fault and who pays in West Virginia
West Virginia uses modified comparative fault. Your award shrinks by your percent of blame. But if your fault is greater than the combined fault of everyone else, you get nothing, under Code 55-7-13c.
The same law makes each defendant’s liability several only, meaning each pays just its own percent. If a second driver or a trucking company shared the blame and is left out, that share may go unpaid.
West Virginia time limits for children and towns
A child usually gets the same two years after turning 18. No claim may be brought more than 20 years after it arose, under Code 55-2-15.
Claims against a county, city or other political subdivision also run two years, under Code 29-12A-6. For a child under 10 hurt by one, the suit can wait until the 12th birthday if that is later.
What a West Virginia policy has to hold
Proof of insurance in West Virginia means at least $25,000 per person, $50,000 per crash and $25,000 for property, under Code 17D-4-2. The state is at-fault, so your claim goes to the other driver’s insurer. Serious injuries can quickly outgrow those numbers.
When to bring in a West Virginia car accident lawyer
Several liability makes the first step finding every party who shares the blame. An attorney can trace owners, employers and road crews, then file suit within two years. The call is free and the lawyer is paid only if you win.
Other states: Virginia, Pennsylvania, Ohio, Kentucky, Maryland or every state on one page.
West Virginia car accident statute of limitations questions
How long do I have to sue after a car accident in West Virginia?
Two years from the crash for injuries and for property damage, under Code 55-2-12.
Can I still recover if I was partly at fault in West Virginia?
Yes, unless your fault is greater than everyone else’s combined. Your share comes off the award.
Is West Virginia a no-fault state?
No. The at-fault driver and their insurer pay for the harm they caused.
How long does a family have to file a wrongful death claim?
Two years from the date of death, under Code 55-7-6.
Before the clock runs out
In West Virginia, each at-fault party pays only its own share, so a quick settlement with one driver can leave money behind. Call before you sign and a lawyer will check who else should pay.
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