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West Virginia Truck Accident Settlement Calculator

Rules cited to West Virginia’s statutes and case lawRules checked How we calculate

Fault rule50% barYou recover only if you are less than 50% at fault. The award is cut by your share.W. Va. Code § 55-7-13a
Filing deadline2 yearsFrom the crash date, for injury claims.W. Va. Code § 55-2-12
Minimum insurance25/50/25Per person, per crash, property. West Virginia is an at-fault state.
Damage capsNone on injury damagesPunitive and malpractice damages can be capped separately.

Your numbers

Example figures shown. Replace them with yours.
How serious is the injury?

Surgery, permanent impairment or long-term care.

10%
Does the injury meet the no-fault threshold to sue?
Attorney fee for the take-home figure
Your estimateWest Virginia · Truck accident
Your estimate…
The math
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This calculator estimates what a truck accident injury claim could be worth under West Virginia law. It applies West Virginia’s 50% bar rule, the two-year deadline to file suit and the insurance that usually pays, then shows the math line by line, including what you might take home after a lawyer’s fee.

Move the fault slider to 50% and the estimate drops to $0, which is what West Virginia’s rule does in court.

West Virginia rules behind this estimate

Fault. West Virginia uses modified comparative fault with a 50% bar. Your award drops by your share of fault, and at 50% or more you recover nothing, so an even split leaves you with nothing. Insurers know this, so expect them to argue your share up.

Deadline. You have two years from the crash to file a lawsuit in West Virginia. A claim against a city, county or state agency usually needs written notice much sooner, sometimes within months. Missing the deadline almost always ends the claim, and with it your leverage to settle.

Insurance. West Virginia is an at-fault state, so the at-fault driver’s liability insurance pays your claim. Drivers must carry at least $25,000 per injured person, $50,000 per crash and $25,000 for property damage, written 25/50/25. Uninsured motorist coverage is also required.

Damage caps. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.

West Virginia truck accident questions

How much insurance do trucking companies carry?

Interstate trucks hauling general freight must carry at least $750,000 of liability coverage under federal rules, oil haulers $1 million and most hazardous materials $5 million. Many carriers buy more. Trucks that stay inside one state can follow lower state limits.

Can I still claim if I was partly at fault in West Virginia?

Yes, as long as you were less than 50% at fault. Your award is reduced by your percentage, and at 50% or more you recover nothing.

How long do I have to file a truck accident claim in West Virginia?

two years from the crash to file a lawsuit. Report the claim to the insurers within days.

Is West Virginia a no-fault state?

No. West Virginia is an at-fault state, so you claim against the at-fault driver’s liability insurance, or your own coverage if theirs is too low.

Does West Virginia cap pain and suffering damages?

Not in most injury cases. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.