As with every area of law, it is important to note that there are almost always differences, across every state border. This does not mean your policy changes across state lines (unless potentially you are either renting a vehicle or technically a resident in a state differing from where you are listed on your policy as residing), but the rules regarding what policy you must have as a state resident will vary. Ideally, the following will provide an essential sketch of basic insurance rights and responsibilities for drivers: to learn more, this article also hopes to provide you with basic skills to make sure your policy matches your needs.

With the preceding in mind, you are encouraged to periodically review your insurance policies, especially as your personal circumstances (residence, marriage or divorce, income, and children) may change. While addressing the minimum coverage required in West Virginia, additional coverage may, and should, be discussed with your agent.

Minimum Required Insurance Coverage in West Virginia

Virtually every state (except for Florida and New Hampshire) requires some type of traditional auto insurance: those that don’t still require evidence that you can essentially be ‘self-insured.’ This means having enough assets to compensate for any auto accidents you may have. Bear in mind, however, that experts (such as the Insurance Information Institute) recommend insurance of at least $100,000 for bodily injury per person, and $300,000 per accident.

The basic requirements are “20/40/10.” This means MINIMUM coverage in the following three amounts are required:

I. Bodily Injury Liability (BIL): Liability for injury or deaths to someone else, in another vehicle. Because of limited BIL coverage, usually excluding injuries you as the driver or other party on your policy (such as spouse or children) may suffer, many people choose to add PIP, discussed below. Because of limited BIL coverage, usually excluding injuries you as the driver or other party on your policy (such as spouse or children) may suffer, many people choose to add PIP, discussed below.

• $20,000

II. Bodily Injury Liability (BIL): This coverage is the maximum for ALL injuries in one accident.

• $40,000

III. Property Protection Insurance (PPI): Coverage over others’ property (e.g., other automobiles, lampposts, fences, real estate, and property of others than the insured).

• $10,000

Personal Injury Protection (PIP): treatment of injuries to a driver, but also to any passengers of the policyholder. PIP may also cover medical services, lost wages, and sometimes even funeral expenses. PIP is available in states that use the no-fault system, and increasingly in at-fault states, too…it is important to know that PIP may still allow a lawsuit against an at-fault driver, once the PIP limits are reached. PIP is available in states that use the no-fault system…it is important to know that PIP may still allow a suit against an at-fault driver, once the PIP limits are reached.

• No-Fault Insurance System. The concept of no-fault is to decrease the costs of litigation to prove who is “at fault.” Studies indicate auto insurance policies, due to covering fraud alone, are $300 more per year than they would otherwise have to be. Thus, your own no-fault policy (if you carry it) must pay medical bills for you, and any injured passengers, regardless of who was at fault.

West Virginia, however—like most states—is an “at fault state.” This means a recovery against the “other driver” will, unless you have selected optional, additional coverage, PIP-style (such as uninsured or underinsured coverage), recovery will have to be pursued in court.

Additional Insurance Options

• West Virginia does require—unlike most at-fault systems—that policies cover uninsured/underinsured motorist coverage; that means you do not have to assume the risk (other than additional coverage costs) of being involved in an accident with an uninsured/underinsured motorist. The American Insurance Research Council estimates (2007) the percentage of uninsured/underinsured drivers in West Virginia to be 8%.

• Collision and comprehensive coverage options are not required by any state’s Auto insurance laws, unlike bodily injury and property damage liability and sometimes personal injury protection and uninsured motorist. Collision and comprehensive, however, may be ideal for unique or specially valued vehicles, such as antique automobiles.

Unique Aspects of West Virginia’s Auto Insurance Laws; Sources & References

• West Virginia Department of Insurance
  State Insurance Commissioners Office
  PO Box 50540
  Charleston, WV 25305-0540
  Main Phone: 1-800-642-9004
  Alternate Phone: 1-304-558-3386
  Fax: 1-304-558-4965

• Driving without West Virginia auto insurance can bring fines of $100 to $500, 10 days to six months in jail, and/or seizure of your license plates. In the future, it may also mean the inability to renew your plates, car registration and/or driver’s license. (You can review the specific law at section (Required security (WV Code section 17D-2A-3)