Car Accident FAQs: What You Need to Know After a Crash in West Virginia
Being involved in a car accident is a painful and distressing experience, and trying to recover compensation after the crash from a negligent driver can be equally stressful and often challenging. Whether it’s a minor fender-bender or a serious collision, it’s normal to have questions about what to do next, who’s responsible, and how to protect your rights. At Burke, Schultz, Harman & Jenkinson, our Martinsburg car accident attorneys have helped countless car accident victims in West Virginia get justice after a crash. Below, we answer some of the most frequently asked questions we hear from clients.
What should I do immediately after a car accident?
The moments after a crash can be chaotic, but it’s important to take a few key steps. First, check for injuries and call 911 if anyone is hurt. Even if the accident seems minor, it’s a good idea to get law enforcement on the scene so they can file an official accident report. Exchange information with the other driver, including names, contact details, insurance info, and vehicle registration. If you’re able, take photos of the vehicles, the accident scene, and any visible injuries. Also, gather contact information from any witnesses.
Medical attention should be your next priority. Even if you seem okay, it’s smart to get checked out by a doctor. Some injuries, like whiplash or internal trauma, may not show symptoms right away, but early identification is key to the best treatment and recovery. Documenting your injuries early on is also critical if you decide to file a personal injury claim later.
Do I need to report the accident to my insurance company?
Yes. You should notify your insurance company as soon as possible after the accident. Most policies require prompt reporting, and failing to do so could result in denied coverage. When you call, stick to the basic facts and avoid making statements about fault or the extent of your injuries until you’ve spoken with an attorney.
Should I talk to the other driver’s insurance company?
Be cautious. The other driver’s insurance company may contact you to get a statement, offer a settlement, or ask questions about the accident. Remember, their goal is to protect their insured and minimize their financial responsibility. You are not obligated to speak with them, and it’s usually best to consult with a personal injury attorney before giving any recorded statements or accepting any offers.
Who is responsible for paying for my medical bills and car repairs?
Liability for a car accident is typically determined based on negligence. If the other driver was at fault, their insurance should cover your medical expenses, property damage, and other losses, but you will have to be able to prove the driver was responsible for the crash. In some cases, both parties might be deemed partially at fault. In those situations, West Virginia follows a “modified comparative fault” rule, which means you can recover damages as long as you were less than 50% at fault for the crash. However, your compensation may be reduced by your percentage of fault. For example, if you’re found to be 20% at fault, your recovery would be reduced by that amount. An attorney can build a case that proves the full extent of the other driver’s negligence while keeping you from being unfairly burdened with a portion of shared fault.
What if the other driver doesn’t have insurance?
If the at-fault driver is uninsured or underinsured, your own insurance policy may step in to help. West Virginia requires drivers to carry uninsured motorist (UM) coverage, which can pay for your injuries when the other driver has no insurance. Many policies also include underinsured motorist (UIM) coverage, which helps when the at-fault driver’s coverage is insufficient. It’s worth reviewing your policy and discussing your options with an experienced attorney. You’ll likely still need help getting an appropriate amount of compensation from the insurance company, even on a UM/UIM claim.
How long do I have to file a lawsuit after a car accident in West Virginia?
In West Virginia, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the accident, although there are exceptions to the rule. Two years may seem like plenty of time, but it’s best not to delay. Evidence can disappear, witnesses may become harder to find, and memories can fade. The sooner you speak with a lawyer, the better your chances of building a strong case and making sure important deadlines are not missed.
What kinds of compensation can I recover?
A successful personal injury claim can provide compensation for a wide range of losses. These may include:
- Medical expenses, including hospital bills, follow-up care, and rehabilitation
- Lost income if your injuries kept you from working
- Pain and suffering
- Emotional distress
- Property damage to your vehicle
- Loss of enjoyment of life or future earning capacity, in serious cases
Each case is different, and the value of your claim depends on the details of your injuries and how they’ve impacted your life. An experienced attorney can help you understand what your case may be worth.
Do I need a lawyer for a car accident claim?
You’re not legally required to hire a lawyer, but having one on your side can make a big difference—especially if you’ve been seriously injured or the insurance company is disputing your claim. Insurance adjusters are trained to minimize payouts, and they often offer quick settlements that don’t fully account for your long-term needs. A personal injury lawyer can advocate for you, handle negotiations, and take your case to court if necessary.
How much does it cost to hire your firm?
At Burke, Schultz, Harman & Jenkinson, we work on a contingency fee basis. That means you don’t pay us anything upfront. We only get paid if we win your case or recover a settlement on your behalf, and our fees come from a portion of the amount we recover for you. This allows you to get high-quality legal representation without worrying about out-of-pocket costs during an already difficult time.
Have More Questions? We’re Here to Help.
If you or a loved one has been injured in a car accident in Martinsburg or anywhere in West Virginia, don’t try to handle it all on your own. The legal process can be complicated, and there’s too much at stake to take chances with your health or financial future. Contact Burke, Schultz, Harman & Jenkinson today for a free consultation. We’re here to answer your questions, explain your rights, and fight for the compensation you deserve.