There are a few types of car insurance coverages that can be used following the occurrence of an accident that can help pay for medical care, lost wages, and other expenses a victim might incur as a result of an accident. But, before getting into the types of coverages an accident victim may be able to utilize, it is important to address liability.
Why Establishing Liability is Important After a Car Accident
When a driver is responsible for causing a motor vehicle accident in West Virginia, the state’s at-fault laws require that they cover any damage or injuries they cause. If they were carrying the required insurance coverages, then their carrier would be the first party an accident victim would seek compensation from. In the event another party is not liable for causing an accident, then the driver may turn to their own insurance carrier for coverage, which could cause their insurance rates to increase.
What coverages will pay for accident-related costs?
If a driver has a valid claim and they are filing it with another driver’s insurance company, this is known as filing a third-party claim. If the driver was only carrying the types of coverages that meet the state’s minimum requirements, then the driver would only be able to recover the following:
- Up to $25,000 of liability coverage for one accident that resulted in one injury, or up to $50,000 for one accident that resulted in two or more injuries.
- Up to $25,000 in property damage coverage.
If the at-fault driver was carrying higher limits and the victim can show that their damages qualify them for payment, then they could receive up to whatever it is those limits have been set at.
Now, if an accident victim is unable to recover the full amount of compensation they are due from the other party’s insurer or because they were responsible for causing the accident, then they may be able to file a claim with their own insurance carrier. Some of the types of coverages that could help them afford their accident-related expenses, given they were purchased, include:
- Underinsured motorist coverage. This will help pay for some of the expenses the other driver’s insurer wouldn’t pay.
- Medical payments coverage. This will help pay for medical expenses if an individual was injured in an accident.
- Uninsured motorist coverage. If another driver was responsible for the accident but wasn’t insured, uninsured motorist coverage will help pay for some or all of a victim’s accident-related expenses.
Why would an accident victim need to hire a West Virginia personal injury lawyer?
Although insurance companies are expected to step in and help after a crash, not all do. In fact, the claims process can be rather difficult to get through, especially if the insurance company doesn’t think their driver is at-fault or attempts to undervalue a victim’s claim. But this is why it benefits a victim to have Kaufman & McPherson, PLLC working on their side.
Not only will a WV personal injury lawyer help an accident victim file their claim, but they will also handle all insurance-related matters. This way, if the insurance company attempts to take advantage of the claimant, a lawyer can step in and identify the issue.
Kaufman & McPherson, PLLC can be reached at:
16 Sterling Drive, Suite 205
Bridgeport, West Virginia 26330