Uninsured and Underinsured Drivers in West Virginia
Despite the law requiring insurance, many West Virginia drivers carry no coverage or only the bare minimum. When such a driver causes a serious crash, the at-fault driver's policy may be nonexistent or far too small to cover your injuries. Hit-and-run crashes leave victims in the same position.
Fortunately, West Virginia requires uninsured motorist (UM) coverage on every auto policy and makes underinsured motorist (UIM) coverage available. This coverage on your own policy — and sometimes on other policies in your household — can step in to compensate you.
How UM and UIM Claims Work
An uninsured motorist claim applies when the at-fault driver had no insurance or cannot be identified, as in a hit-and-run. An underinsured motorist claim applies when the at-fault driver's coverage is too low to fully compensate you, allowing you to recover the difference up to your UIM limits. These claims are made against your own insurer.
Even though you are dealing with your own insurance company, a UM/UIM claim can become adversarial. Your insurer may dispute fault, the value of your injuries, or the available coverage. Having an attorney levels the playing field.
Maximizing Your Recovery
An experienced attorney identifies every policy that may apply — your own, a family member's, or even an employer's in some cases — and pursues the maximum available coverage. Recoverable damages mirror those in any injury claim: medical bills, future care, lost income, and non-economic damages.
Because UM/UIM claims have their own notice requirements and deadlines, and because insurers do not volunteer the full extent of available coverage, prompt legal guidance protects your recovery.
You pay nothing unless you win. Injury Claim Team connects injured West Virginians with experienced personal injury attorneys who work on contingency. Your case review is always free and confidential — call 973-566-5599.
Uninsured Motorist Injury FAQs in West Virginia
A UM/UIM claim is for an accident that was not your fault, and many drivers are surprised by how the process works. An attorney can explain your specific policy and rights. The more important point is that this coverage exists precisely to protect you when the at-fault driver cannot.
Yes, potentially through your uninsured motorist coverage, which often applies to hit-and-run crashes when the at-fault driver cannot be identified. Reporting the crash promptly and contacting an attorney helps protect that claim.
Nothing upfront. The attorneys in our network handle personal injury cases on a contingency fee basis, which means you pay no attorney fee unless they recover compensation for you. Your case review through Injury Claim Team is always free and completely confidential.
For most personal injury claims, West Virginia's statute of limitations is two years from the date of the injury under W. Va. Code § 55-2-12. Some claims — including those against a city, county, or state agency — carry shorter notice deadlines, so it is wise to speak with an attorney as soon as possible.