US or Canadian Snowbirds involved in car accidents in West Virginia.
West Virginia is a beautiful state. Its majestic highways traverse some of the most beautiful mountain ranges in the entire USA. The Smoky’s, Blue Ridge, and Cherokee ranges are nothing short of breath-taking.
Unfortunately if you are involved in a car accident in WV, you have two a (2) year statute of limitation for property damage, car accident and personal injury claims. 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) years 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.
John Eric Lichtenstein, born January 24, 1961, Roanoke, VA. Admitted to bar: VA (1987). Preparatory and Legal Education: University of Virginia, (B.A. 1983); University of Virginia School of Law (J.D. 1986). Organizations – Fraternities, Memberships, Fellowships: Fellow, American College of Trial Lawyers; Fellow, American Board of Criminal Lawyers; Fellow, Virginia Law Foundation;President, Virginia Trial Lawyers Association (2015-2016); Chair, Criminal Law Section, Virginia State Bar (2006-2007); Member, Roanoke and Richmond, VA Bar Associations; Rated “AV” Martindale-Hubbell; Listed: Best Lawyers; Super Lawyers; Virginia Legal Elite by VA Business Magazine; named, Virginia “Leader in the Law” by VA Lawyers Weekly.