West Virginia Car Accidents and Snowbirds
West Virginia has a two (2) year statute of limitations for property damage and personal injury claims due to car accidents. This means if a driver, passenger, or passerby is injured or sustains property damage at the hands of a negligent driver, the victim must file a lawsuit within the two (2) year period following the date of the accident. (Section 55-2-12)
Comparative Negligence (51% Rule)
West Virginia, follows the Comparative Negligence rule. If a Snowbird is more than 51% responsible for the accident they cannot recover any money for compensation in a lawsuit (WV Section 55-7-1). Please note, this provision has little to no bearing on passengers in vehicles. They are rarely found at fault for an the accident.
US states have low mandatory motor vehicle liability policies. West Virginia’s minimal coverage is $20,000.
In addition any contractual rights and remedies for (PIP) accident benefits need to be addressed in the Snowbirds home state or province.
Since 1981, we have been helping seriously injured motorists get the treatment and care they need to recover from their injuries and to receive compensation for their losses. We understand that it is not only the injured party that may require assistance, as often it is loved ones that face significant challenges in helping the accident victim.
Cross Border Car Accidents are Complicated. We arrange for you to speak to some of the best Personal Injury Attorneys in West Virginia, who are familiar with cross border accidents. They work collaboratively with lawyers and attorneys in various jurisdictions in order to protect your legal rights and remedies.
Call us for a free consultation.
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