According to recent data from the Insurance Research Council (IRC), approximately 14% of the total driving population lacks car insurance. Specifically, in West Virginia, the same report indicates that 11% of the state is uninsured, and thus, 1 in 10 drivers in West Virginia does not have sufficient car insurance. As a result, states such as West Virginia require that drivers carry both liability and uninsured motorist coverage and that the minimum uninsured motorist coverage must equal the same minimum liability coverage amounts, which are:
- $25,000 for bodily injury, per person;
- $50,000 for bodily injury, per accident;
- $25,000 for property damage.
Given the high percentage of potential uninsured motorists on their roads, West Virginia drivers may want to consider obtaining additional uninsured motorist coverage. If you do get into an accident with an uninsured motorist, it will adversely impact your ability to obtain reasonable recovery, satisfy both property and medical claims, and otherwise be able to adequately obtain the compensation you are entitled to.
An uninsured motorist can cause particular trouble in accidents that involve a hit and run. The law in West Virginia requires that for a party to recover uninsured motorist coverage in a hit and run accident, the following must be demonstrated:
- That the uninsured driver made physical contact with your vehicle or
- That “but for” any immediate evasive action, direct physical contact would have inevitably occurred between the driver’s vehicle and the hit and run driver.
- That the evasive action element must be demonstrated by independent third party testimony such as a bystander, police officer, or some other party.
Such uninsured motorist issues are complicated and often require the compilation of specific evidence, data, and other witness statements. Typically, uninsured motorist issues, especially involving hit and run accidents are such that a driver may or may not know the specific information required to submit a claim. Often times, uninsured motorist claims become complicated when the insurance companies automatically deny coverage without the assistance of an attorney. As such, it is extremely helpful in uninsured motorist insurance claims to promptly and quickly seek the assistance of an attorney to assist you in navigating the various and potentially complicated issues involved.
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If you or someone you know has been involved in a car accident involving uninsured motorists, contact the car accident lawyers a Colombo Law for a FREE case review.
