A motor vehicle accident in West Virginia can often lead to great financial expense. In serious accidents, one or more parties may be injured. These injuries often include costly medical treatment, lost wages from missed work, and payments for damages to motor vehicles. Although the legal process to recover damages can be exhausting, many injured parties are relieved that there is a legal avenue to recoup funds from the insurance of the at-fault party. However, each year hundreds of individuals learn that the at-fault party involved in their accident is not insured. This is often discovered when the at-fault party leaves the scene of an accident. The stress that accompanies a motor vehicle accident can be drastically increased when that accident involves an uninsured driver.
If you or your loved one is involved in an accident involving an uninsured driver, you need to speak with an experienced attorney. The attorneys at Colombo Law are trained personal injury litigators who can meet with you to discuss your options following this type of unfortunate accident.
Uninsured Motorists Coverage in West Virginia
Each state has different laws regarding whether motorists are required to carry uninsured motorist coverage. In several states, motorists are not required to carry uninsured motorist coverage. When accidents occur in which an uninsured motorist is involved, individuals who have full coverage simply file a claim with their insurance company. However, West Virginia requires insurance companies to have uninsured motorists coverage within their insurance policies. The uninsured motorist coverage rates increased in 2016. Motorists are now covered for up to $25,000 per person, $50,000 per accident, and $25,000 for property damage. Many individuals may choose to simply take care of their claim through their own policy’s uninsured motorists coverage. Unfortunately, these amounts often do not cover all of the injured party’s damages in serious auto accidents.
Filing a Tort Claim Against a Motorist
In most cases, a civil action is filed against a motorist’s insurance company. While this is typically the most feasible approach in accidents, if a motorist is not insured you may be able to initiate an action against the motorist individually. Nothing prohibits a motorist from initiating a lawsuit against another motorist in West Virginia. However, an attorney will need to investigate to determine whether it is beneficial to file a claim against the individual. Scheduling a consultation with an experienced attorney at Colombo Law will help you be better equipped to determine whether to file a tort claim against an uninsured individual.
About Colombo Law
Colombo Law is a full service personal injury law firm located in Morgantown, West Virginia. We handle cases in and around West Virginia including in Morgantown, Fairmont, Clarksburg, Bridgeport, Kingwood, Grafton, Weston, Philippi, Buckhannon, Elkins, Parkersburg, as well as Monongalia, Marian, Harrison, Preston, Taylor, and Lewis county.