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Why do the worst crashes in West Virginia often lead to court?

On Behalf of | May 9, 2023 | Car Accidents

After a serious car crash, people can typically file insurance claims to recoup their losses, at least when they aren’t the ones to blame for the wreck. The law in West Virginia mandates that motorists carry liability insurance. As a result, motorists, pedestrians and anyone else who gets hurt in traffic can often rely on liability insurance to pay for their losses after a crash.

If someone causes a crash, an at-fault party’s liability coverage can – at least, theoretically – pay for the property damage and injury-related expenses incurred by other parties. Insurance can sometimes cover all of the expenses from a collision. Unfortunately, not every car crash is minor enough to resolve with a straightforward insurance claim. Frequently, when crashes cause catastrophic property damage and severe injury, those affected may have no choice but to go to court. These are some of the reasons why lawsuits are so common after major collisions occur.

Insurance coverage leaves people with big bills

Even though the state requires liability coverage, there are firm policy limits that determine how much compensation someone actually receives. In some cases, those with a totaled vehicle and a permanent injury may have as little as $25,000 to cover their vehicle expenses and another $25,000 to reimburse them for both their medical expenses and their lost income.

There is a higher bodily injury limit that applies if two or more people get hurt or die, but $50,000 to split two or more ways may not go very far at all. Insurance companies will never pay beyond the policy limit for the coverage of the at-fault driver carry, and they will often try to pay less than that. Going to court might be the only way for someone to request compensation for the full financial impact of a recent wreck.

Lawsuits are not inherently frivolous

Many people are dismissive of civil litigation because they think it is frivolous, but West Virginia state law typically only allows people to recover for what they have lost due to the actions or negligence of another party. Therefore, someone with viable grounds to bring a claim in civil court would typically have incurred provable losses connected to the other party’s actions or failures. Recognizing that a lawsuit is a respectable and reasonable response to a car crash – and seeking legal guidance accordingly – can help those who are struggling with major injuries and minimal insurance coverage.