West Virginia Car Accident Causes (& Why You’ll Want an Attorney)
Car accident cases in West Virginia can be very frustrating experiences because of the comparative negligence law the state applies when accidents are adjudicated. West Virginia uses modified comparative negligence law at a 50% bar for financial recovery regarding injuries resulting from the collision. Simply put, this means that an accident involving two vehicles where the drivers are equally at fault would mean the drivers would not be eligible for financial recovery based on the negligence of the other driver. Injured passengers will still have legal recourse, but drivers who do not carry any form of personal injury protection rider on their auto policy could be in for a bad surprise. Their injuries could be not financially recoverable. This potential alone is enough to want the legal professionals at Freeman & Chiartas Charleston WV car accident lawyers representing the case.
The Advantage of PIP Coverage
Drivers who have chosen personal injury protection on their car insurance policy will be covered for their injuries regardless of who is at fault up to the policy rider limits. This can also include general damages for pain-and-suffering resulting from the accident injuries. However, your own insurance company can become a legal adversary when they are wanting to settle for less than the appropriate amount based on medical prognosis in the future. An attorney can provide a solid case for potential long-term medical problems and an equitable settlement inclusion.
Defending Comparative Negligence
The West Virginia modified comparative negligence law assuredly works in favor of auto insurance companies, and they use it as defense #1 when denying a claim. A 50-50 accident fault determination gives them a basis for denial. Your attorney can argue against this finding by using all material facts in the case and possibly win an assignment of liability from the opposing driver.
Never accept the decision of an insurance company as the final word on your injury case. West Virginia residents should always call Freeman & Chiartas Charleston WV car accident lawyers for aggressive representation.