West Virginia: rules and deadlines at a glance

Every 14 topic we track for West Virginia on one page. Open a topic for the details, the law it comes from and how West Virginia compares.

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Car insurance by state · Claim deadlines · Small claims limits · Total loss rules · Shared fault rules · Accident reporting rules · Lemon law rules · Sales tax rates · Phone-while-driving laws · Motorcycle helmet laws · Gas tax · Uninsured drivers · Marijuana laws

General information only, not legal, insurance or financial advice. Not affiliated with any government agency. Exceptions can apply; open a topic for the details.

Filing deadlines (statute of limitations)

Personal injury	2 years
Property damage	2 years

Car insurance by state

Minimum liability	$25,000 / $50,000 / $25,000
Fault system	At-fault (the driver who caused it pays)
Shared-fault rule	Modified comparative: barred at 51% fault or more

Claim deadlines

Acknowledge	15 working days (acknowledge and start investigating)
Accept or deny	Deny or make a written offer within 10 working days after the investigation ends
Pay	15 working days after an agreed settlement

Small claims limits Single detailed source

Dollar limit	$20,000 (magistrate court)
Filing fee	$50 to $70
Lawyers	Allowed

Total loss rules

Total loss rule	75% of actual cash value

Shared fault rules

Rule	Modified comparative negligence (50% bar)
When you are barred	Barred if you are 50% or more at fault

Accident reporting rules

Report required if	Death, injury, or over $1,000 damage
Deadline	Immediately

Lemon law rules Single detailed source

Repair attempts or days	1 for a serious condition; 3 attempts; or 30 calendar days
Coverage period	Warranty or 1 year, whichever first

Sales tax rates Single detailed source

State rate	6.00%
Combined average	6.60%

Phone-while-driving laws Single detailed source

Handheld ban	Yes, all drivers (primary)
Texting ban	Yes, primary

Motorcycle helmet laws Single detailed source

Law type	Universal
Who must wear one	All riders (universal law)

Gas tax Single detailed source

Gasoline	35.7¢ per gallon
Diesel	35.7¢ per gallon

Uninsured drivers Single detailed source

Drivers uninsured	7.8%
UM/UIM coverage	Uninsured motorist required

Marijuana laws

Legal status	Medical only