The short answer: In West Virginia’s at-fault system, the driver who caused the crash generally pays, through their insurance, to repair or replace your vehicle. A full property damage claim can also cover a total loss payout, diminished value, a rental car, and personal items damaged in the wreck. You generally have two years to file, and if injuries accompanied your property damage, don’t settle either piece before you know what your entire claim is worth.
A wrecked car is more than an inconvenience. It’s how you get to work, to the doctor, and to your kids’ school. Now it’s sitting in a body shop while an adjuster decides what they think it’s worth. We understand how stressful that is. The good news is you have rights, and a consultation with our West Virginia car accident attorneys is free. We can help you now.
In this article, we discuss:
– What a property damage claim covers
– Who pays for property damage in West Virginia
– What to do when an adjuster lowballs your vehicle
– Why property damage and injury claims shouldn’t be settled carelessly
– Answers to common property damage questions
What Does A Car Accident Property Damage Claim Cover In West Virginia?
Property damage covers far more than a repair bill. A complete claim can include several types of losses:
– Vehicle repair. This should reflect the cost to properly fix your car with quality parts, not the cheapest patch job.
– Total loss (replacement). If repairs cost more than the car is worth, the insurer “totals” it and owes you its fair actual cash value, meaning what a comparable vehicle would cost in your area.
– Diminished value. Even after good repairs, a vehicle with a crash history sells for less. That lost resale value can in some circumstances be recovered from the at-fault driver’s insurer.
– Rental car costs. These include reasonable transportation while your vehicle is repaired or replaced.
– Personal property. Damaged items inside the car, such as a car seat, phone, laptop, or tools, are included.
Don’t assume the first number an adjuster gives you includes all of this. It often doesn’t.
Who Pays For Property Damage In A Car Accident In West Virginia?
The at-fault driver pays. West Virginia is an at-fault (tort) state, so the driver who caused the crash is responsible for your losses, and you can file a claim against their liability insurance. You can also use your own collision coverage and let your insurer seek reimbursement, which is sometimes faster. If the at-fault driver has no insurance, your own uninsured motorist coverage may step in.
Fault affects the dollars. West Virginia’s modified comparative fault rule applies to claims seeking damages for personal injury, property damage, or wrongful death. Under W. Va. Code § 55-7-13c, any fault chargeable to the plaintiff shall not bar recovery unless the plaintiff’s fault exceeds the combined fault of all other individuals responsible for the total amount of damages. If the plaintiff’s fault is less, recovery is reduced in proportion to the plaintiff’s degree of fault. In a typical two-vehicle crash, that means you can still recover as long as your fault is not greater than 50%, but if you are found 51% at fault, you recover nothing. This is exactly why insurers try to pin part of the blame on you. Don’t let a careless admission of fault cost you.
What If The Insurance Adjuster Lowballs Your Vehicle’s Value?
You don’t have to accept the first offer. Adjusters routinely undervalue vehicles by using low comparables, ignoring recent upgrades, or leaving out diminished value. Before you sign anything:
– Obtain your own repair estimates, and for a total loss, printouts of comparable local vehicles.
– Document the car’s condition, mileage, options, and service history.
– Keep receipts for the rental and any damaged personal property.
– Don’t accept a “final” number just because the adjuster calls it final.
If the numbers don’t add up, our attorneys can guide you. Fighting over property damage after a crash in West Virginia? We can help you now. Call Kaufman & McPherson, PLLC at 304-842-4300 for a free consultation.
Should You Settle Your Property Damage Claim Separately From Your Injury Claim?
Be careful, because property damage and injury claims often overlap. Settling your vehicle claim is usually more straightforward and can be resolved quickly. But if you were hurt, signing a broad release to get your car fixed can accidentally waive your injury claim, which is often worth far more.
Here’s the trap: an adjuster offers a quick check “to close everything out” while you’re still in treatment and don’t yet know the full extent of your injuries. Once you sign, you generally cannot reopen it. Have someone review any release before you sign so a small property check doesn’t cost you a much larger injury recovery.
Frequently Asked Questions About Car Accident Property Damage In West Virginia
How long do I have to file a property damage claim in West Virginia?
You generally have two years from the date of the crash. Under W. Va. Code § 55-2-12, every personal action for which no limitation is otherwise prescribed shall be brought within two years after the right to bring the same has accrued if it be for property damage, and within two years for damages for personal injuries. Evidence disappears fast, so don’t wait. Start your case now.
Can I get a rental car while mine is being fixed?
Usually, yes. Reasonable rental costs for the time it takes to repair or replace your vehicle are part of a property damage claim. Keep every receipt.
What if I were partly at fault for the crash?
You can still recover as long as your fault isn’t greater than the combined fault of everyone else, but your share of the blame reduces your payment. Because insurers use fault to cut what they pay, it’s worth having our attorneys review how fault is being assigned.
Does it cost anything to talk to a lawyer?
No. Your consultation is free. We handle car accident cases on a contingency basis, meaning no fee unless we recover for you.
Talk To A West Virginia Car Accident Property Damage Lawyer Now
You shouldn’t have to accept less than your vehicle and other losses are worth, especially when you’re also dealing with injuries. Our attorneys handle truck and auto accident claims for clients across West Virginia, and we know the tactics insurers use to reduce payouts. Don’t wait. Reach out to Kaufman & McPherson, PLLC at 304-842-4300 for a free consultation. We can help you now.
