What to Do After an Accident With an Uninsured Driver in West Virginia

The Short Answer…

If you were in an accident with an uninsured driver, start by calling the police to file an official report, then document the scene with photos, gather witness information, and seek medical attention. Once you’re safe, notify your insurance company and report the crash.

You’ll likely need to file a claim through your Uninsured Motorist (UM) coverage to pay for medical bills and vehicle repairs. In some cases, you may also have the option to sue the uninsured driver directly, though collecting damages can be challenging if they have limited assets. Because these claims can be complex, it’s wise to contact a car accident lawyer who can explain your options, communicate with the insurance company on your behalf, and help you pursue the maximum compensation available.

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Key Takeaways

• Report the accident immediately: Always call law enforcement so there’s an official police report.
• Gather as much evidence as possible: Photos, videos, and witness statements strengthen your claim.
• Seek medical care right away: Even minor injuries can worsen later and impact your compensation.
• File a claim through your insurance: Your uninsured motorist coverage can help pay for damages.
• Talk to a lawyer: A qualified attorney can help you recover full compensation.

1. Call the Police and Report the Accident

The first thing to do after a crash with an uninsured driver is to call 911. A police report provides documentation that verifies what happened and who was involved. This report will be valuable when you file a claim with your insurer or take legal action.

When speaking to the officer, explain what occurred but avoid making statements that could be interpreted as admitting fault. Stick to the facts, and make sure to ask how to obtain a copy of the police report.

2. Document the Scene

Even if the other driver doesn’t have insurance, your claim still depends on strong evidence. If you are able, take the following steps:

• Photograph both vehicles, road conditions, and any visible damage or injuries.
• Note the exact time, date, and location of the crash.
• Get contact information from the uninsured driver and any witnesses.

This documentation will help your attorney or insurance adjuster reconstruct the accident and determine liability.

3. Seek Medical Attention

After any car accident, seek medical treatment as soon as possible. Some injuries (like concussions, whiplash, or internal trauma) don’t appear immediately. Visiting a doctor also establishes a medical record linking your injuries directly to the crash, which is helpful when filing a claim.

4. Notify Your Insurance Company

Contact your insurance company immediately to report the crash. Provide all relevant details, including the police report number, the other driver’s information, and witness statements. Be prepared to share photos, repair estimates, and medical records. The more information you provide, the smoother your claims process will be.

5. File a Claim

Your insurer will guide you through the claims process and determine what your policy covers. Most drivers will rely on Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage for compensation.

Your policy may include additional protections that can help pay for costs, such as:

• Medical Payments (MedPay) for hospital bills and treatment.
• Collision coverage to repair your vehicle regardless of fault.
• Personal Injury Protection (PIP) if available under your policy.

6. Consult a Lawyer

An experienced West Virginia car accident lawyer can help you understand your options, deal with insurance adjusters, and pursue compensation through the claims process or a lawsuit. With legal representation, you can avoid common mistakes that might reduce your compensation and focus on your recovery while your lawyer protects your rights.

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Uninsured Motorist (UM) Coverage Explained

If you’re involved in a car accident with an uninsured driver, your best protection often comes from your own Uninsured Motorist (UM) coverage. This type of insurance steps in to cover your losses when the at-fault driver has no insurance.

What Is Uninsured Motorist Coverage?

UM coverage is a type of auto insurance that pays for your damages if you’re hit by a driver who doesn’t carry the required insurance. It’s designed to put you in a similar financial position as if the at-fault driver had proper coverage. In West Virginia, insurance companies are required to offer UM coverage with every policy, and drivers must reject it in writing if they don’t want it (meaning most drivers have this protection without realizing it).

What Does Uninsured Motorist Insurance Cover?

UM coverage typically includes compensation for:

• Medical bills: Covers hospital stays, surgery, medication, and rehabilitation expenses.
• Lost wages: Reimburses income lost while you recover from your injuries.
• Pain and suffering: Compensates for emotional distress, physical pain, and loss of enjoyment of life.
• Property damage: If your policy includes UM property damage coverage, it can help repair or replace your vehicle.

How Uninsured Motorist Coverage Works in West Virginia

Despite laws requiring car insurance, many drivers in West Virginia still go uninsured. Without UM coverage, you could be left paying for medical bills, car repairs, and other expenses entirely out of pocket.

Under West Virginia law, all auto insurance policies must include UM coverage with minimum limits of $25,000 per person and $50,000 per accident for bodily injury, as well as $25,000 for property damage. Many drivers also choose to purchase higher UM limits for added protection.

After a car accident with an uninsured driver, your UM coverage essentially replaces the other driver’s liability insurance. Once you file a claim, your insurance company will evaluate the accident details and your damages. If approved, they’ll pay up to your policy’s UM limits.

However, insurance companies often try to minimize payouts, even under your own policy. Working with a lawyer who knows how to handle uninsured driver accidents helps make sure your insurer treats your claim fairly and pays the full amount you may be entitled to.

What If the Driver Was Underinsured?

If the driver who caused your accident has insurance but not enough to cover all of your damages, you may be protected through your Underinsured Motorist (UIM) coverage. This type of coverage applies when the at-fault driver’s policy limits are too low to fully pay for your medical bills, vehicle repairs, and other losses.

For example, if your injuries and losses total $100,000 but the other driver only carries $25,000 in liability coverage, your UIM policy can step in to pay the remaining $75,000 (up to your policy limits).

In West Virginia, this coverage can make a major difference after a serious crash, especially since many drivers only carry minimum required limits. UIM coverage helps pay for medical expenses, lost wages, and pain and suffering when another driver’s policy falls short. Together, UM and UIM coverage ensure you’re financially protected whether the driver who hit you has no insurance or simply not enough.

What Happens to Uninsured Drivers in an Accident?

Driving without insurance is illegal in West Virginia. Uninsured drivers can face:

• Fines and penalties
• License suspension
• Vehicle registration revocation
• Possible jail time for repeat offenses

If you were hit by an uninsured driver, these penalties do not provide you with compensation directly, but they may strengthen your case when proving fault and filing a claim.

Pursuing Legal Action After an Uninsured Driver Accident

In some cases, your lawyer may recommend suing the uninsured driver directly. This is only practical if the driver has substantial assets or income to satisfy a judgment. However, legal action may also uncover additional responsible parties, such as:

• The vehicle owner (if different from the driver)
• An employer, if the driver was working at the time of the crash
• A third party, such as a manufacturer or contractor, if negligence contributed to the accident

A West Virginia car accident attorney can help identify all possible sources of recovery and build a claim that gives you the best chance at fair compensation.

Is It Worth Suing Someone With No Car Insurance?

In general, suing someone with no car insurance is only worthwhile if the driver has significant personal assets or income. Otherwise, even if you win the case, collecting compensation may not be realistic. Your attorney can investigate whether the driver has assets or if other liable parties might share responsibility.

What If You’re Partially at Fault?

Even if you share some responsibility for the accident, you may still be able to recover compensation under West Virginia’s modified comparative negligence rule. This law allows you to seek damages as long as you are less than 50% at fault for the crash. However, your compensation will be reduced by your percentage of fault.

For example, if you are found 20% at fault and your total damages amount to $100,000, your recovery would be reduced to $80,000.

This rule is especially important in accidents with uninsured drivers, where insurers or opposing parties may try to shift blame to minimize what they owe. Having a skilled lawyer on your side helps ensure your rights are protected, evidence is properly presented, and your level of fault is not unfairly inflated.

How Stewart Bell, PLLC Can Help After an Uninsured Driver Accident

When you’re in an accident caused by an uninsured or underinsured driver, the situation can feel confusing and unfair. You did everything right—carried insurance, followed the law—and yet you’re still left facing medical bills, missed work, and vehicle repairs. That’s where Stewart Bell, PLLC comes in.

Our trusted car accident attorneys help clients across West Virginia recover the compensation they need after uninsured motorist accidents. We know how to handle uncooperative insurance companies, evaluate complex policies, and find every available source of recovery.

We can help you by:

• Reviewing your insurance coverage: We’ll carefully examine your auto policy to determine what UM/UIM benefits you may be entitled to.
• Handle all insurer communication: Our team deals directly with your insurance company to prevent delays, denials, or lowball settlements.
• Investigate your accident thoroughly: We gather police reports, witness statements, and expert analyses to prove fault and damages.
• Assess whether legal action is needed: If your insurer refuses to pay fairly, we can take your case to court and fight for full and fair compensation.
• Maximize your recovery: From medical expenses to lost wages and pain and suffering, we pursue every category of damages available under West Virginia law.

If you’ve been hit by an uninsured driver in West Virginia, our team is here to help you every step of the way. We offer free case reviews and work on a contingency fee basis, meaning you don’t pay anything unless we win your case.

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Take the Next Step Toward Recovery

If you’ve been involved in an accident with an uninsured driver, you don’t have to navigate the aftermath alone. Our team at Stewart Bell, PLLC understands how stressful these situations can be. We’ll take the time to listen to your story, review your insurance policy, and explain all your options for recovery. Whether you need help filing a UM claim, dealing with an uncooperative insurer, or pursuing a lawsuit, we’re here to handle the legal details so you can focus on healing.

From the moment you reach out, you’ll have a dedicated advocate on your side who’s committed to fighting for your rights and helping you move forward with confidence. Contact us today to schedule your free consultation and learn how we can help you recover after an accident.