By Serdar Arslan, editor · Last reviewed · How we research
Suing a West Virginia city or county comes with limits that do not apply to private drivers: noneconomic damages against a political subdivision are capped at $500,000 per person, punitive damages are not allowed, and the suit generally must be filed within 2 years after the claim arose or was discovered. Claims against the State itself follow different rules.
Against private parties, injury, vehicle damage and wrongful death claims all generally carry a 2-year deadline, and there is no general statutory cap on compensatory damages. West Virginia applies a modified comparative fault rule: you recover nothing only if your fault is greater than the combined fault of everyone else, which in practice means 51% or more. Liability minimums have been 25/50/25 since January 1, 2016, and uninsured motorist coverage is required. Drivers must notify police immediately after crashes with injury, death or $1,000 or more in apparent property damage. West Virginia recorded 256 traffic deaths in 2024.
Key rules at a glance
| Personal injury filing deadline | Generally 2 years after the right to sue accrues, which in a crash case is usually the date of the accident Source: W. Va. Code § 55-2-12(b) |
|---|---|
| Property damage deadline | Generally 2 years for damage to your vehicle or other property Source: W. Va. Code § 55-2-12(a) |
| Wrongful death deadline | Generally 2 years from the date of death Source: W. Va. Code § 55-7-6(d) |
| Claims against a government entity | Lawsuits against a city, county or other political subdivision generally must be filed within 2 years after the claim arose or was discovered, with special rules for young children. Noneconomic damages against a political subdivision are capped at $500,000 per person, and punitive damages are not allowed. Claims against the State itself follow different rules, so check before relying on these limits. |
| Fault rule | Modified comparative fault (51% bar): Your damages are reduced by your percentage of fault, and you recover nothing only if your fault is greater than the combined fault of everyone else. In practice, you are barred at 51% or more. Source: W. Va. Code § 55-7-13c(c) |
| Insurance system | At-fault (tort) |
| Minimum liability insurance | $25,000 per person / $50,000 per accident bodily injury; $25,000 property damage Source: W. Va. Code § 17D-4-2(b) |
| Uninsured motorist coverage | Required |
| Damage caps | No general statutory cap on compensatory damages in car accident cases between private parties. Claims against cities, counties and other political subdivisions are capped at $500,000 in noneconomic damages per person, and punitive damages against them are not allowed (W. Va. Code § 29-12A-7). Medical malpractice has separate caps. |
| Reporting a crash | If a crash causes injury or death, or apparent property damage of $1,000 or more, the driver must notify police immediately by the quickest means: the local police department inside a city or town, otherwise the county sheriff or nearest West Virginia State Police office. Source: W. Va. Code § 17C-4-6 |
Getting your crash report in West Virginia
For crashes worked by the West Virginia State Police, call the WVSP Traffic Records section at (304) 746-2128 or use the crash report request form on the WVSP Traffic Safety page. For crashes handled by a city police department or sheriff, request the report from that agency. Official request page
Checking a West Virginia lawyer
Before you sign anything, confirm the attorney is licensed and in good standing with the official state search, and ask for the fee agreement in writing. Our guide on choosing and verifying a lawyer lists what to ask.
- License search: West Virginia State Bar – Membership Directory Search
- Lawyer referral: West Virginia State Bar – Lawyer Referral Service
256 people died in motor vehicle crashes in West Virginia in 2024, according to NHTSA FARS (2024).
Frequently asked questions
›What limits apply when suing a West Virginia city or county?
Noneconomic damages against a political subdivision are capped at $500,000 per person, and punitive damages are not allowed (W. Va. Code § 29-12A-7). The suit generally must be filed within 2 years after the claim arose or was discovered (§ 29-12A-6). Claims against the State follow different rules.
›How long do I have to sue another driver in West Virginia?
Generally 2 years for injuries (W. Va. Code § 55-2-12(b)), vehicle damage (§ 55-2-12(a)) and wrongful death from the date of death (§ 55-7-6(d)).
›At what point does my own fault block my recovery?
At 51% or more. You recover nothing only if your fault is greater than the combined fault of everyone else, and otherwise your damages are reduced by your percentage of fault (W. Va. Code § 55-7-13c(c)).
›Which crashes have to be reported to police in West Virginia?
Crashes causing injury, death or apparent property damage of $1,000 or more must be reported immediately by the quickest means (W. Va. Code § 17C-4-6). Report to local police inside a city or town, otherwise to the county sheriff or nearest State Police office.
›Is uninsured motorist coverage part of every West Virginia policy?
Yes, uninsured motorist coverage is required. Policies must also meet liability minimums of $25,000 per person, $50,000 per accident and $25,000 for property damage, in effect since January 1, 2016 (W. Va. Code § 17D-4-2(b)).
Sources
- W. Va. Code § 55-2-12 (WV Legislature)
- W. Va. Code § 55-7-6 (WV Legislature)
- W. Va. Code § 55-7-13c (WV Legislature)
- W. Va. Code § 29-12A-6 (WV Legislature)
- W. Va. Code § 29-12A-7 (WV Legislature)
- W. Va. Code § 17D-4-2 (WV Legislature)
- W. Va. Code § 33-6-31 (WV Legislature)
- W. Va. Code § 17C-4-6 (WV Legislature)
- West Virginia State Police – Traffic Safety (crash reports)
- West Virginia State Bar – Online Lawyer Referral Service
- NHTSA FARS – State crashes and all victims