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  • The Miley Legal Group
  • 229 West Main Street
    Clarksburg, WV 26301
  • Phone: 304.931.4088
  • Fax: (304) 326-1801
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Damages an Accident Victim Can Recover from the At-Fault Driver’s Insurance

Tim Miley
Injury Lawyer, Author, & Owner of The Miley Legal Group
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West Virginia requires the at-fault driver’s liability insurance pay for the damages sustained by victims of an accident. So accident victims naturally want to know which damages they can recover from the at-fault driver’s insurance. 

Liability coverage is required in West Virginia, it pays for damages caused by the policyholder. Drivers in the state must carry both bodily injury liability as well as property damage liability.

Victims of accidents may pursue compensation from the at-fault driver’s insurance policy for damages like:

  • medical expenses;
  • lost wages; and
  • pain and suffering.

If the policyholder damages the other party’s car, the victim can recover damage for the repairs. Further, property damage may extend to items inside the car, like a laptop computer and other personal property in the vehicle at the time of the accident.

In this context it is worth mentioning that the accident victim can only recover compensation from the at-fault party’s insurance in an amount that does not exceed the limit of the policy.

If damages exceed these limits, the victim may need to pay the additional expenses out of pocket, or claim damages from his or her own auto insurance carrier via:

  • underinsured motorist coverage;
  • medical payments coverage; and/or
  • collision coverage.

Accident victims may even pursue a lawsuit against the at-fault driver.

Get Legal Help if Pursuing Compensation for Damages

Calculating the damages to claim from the at-fault driver’s auto insurer can be challenging. And equally challenging is the task of convincing the insurers of their clients’ fault in the accident. The guidance of a personal injury attorney is important in such cases.

The Miley Legal Group can help accident victims who are pursuing compensation from a negligent or reckless driver who caused the collision and resultant damages. Call us at 304-931-4088 to set up your consultation so you can get started with your case today.

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