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  • The Miley Legal Group
  • 229 West Main Street
    Clarksburg, WV 26301
  • Phone: 304.931.4088
  • Fax: (304) 326-1801
  • Toll Free: 888.436.0859
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What to Do When Injured in an Accident with an Uninsured Driver in West Virginia

Tim Miley
Injury Lawyer, Author, & Owner of The Miley Legal Group
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Most drivers obey the law and carry auto insurance but unfortunately this isn’t the case for all of them. For whatever reason, there are some who get behind the wheel of a motor vehicle uninsured. It’s important to know what to do if encountering this type of driver in an accident.

What to Do When Injured by an Uninsured Driver

After calling the authorities and moving the vehicles from the roadway, one of the things to do at the scene of the accident is exchange insurance information with the other driver. It can come as quite a surprise to learn the other driver doesn’t have any.

Drivers may draw on their uninsured motorist coverage, which is mandatory in West Virginia. Coverage is available for damages such as medical costs, lost wages and more. However, it’s only up to the limits of the policy.

There is also optional car insurance coverage drivers should carry. For instance, medical payments coverage can help pay for doctor and hospital costs. It could also take care of any deductibles on an individual’s health plan. As with any other type of insurance, this depends on the policy limits. 

Filing a Judgment in Civil Court

If the other driver involved in a crash is uninsured, the injured driver can file a judgment in civil court. Proving the other driver’s liability will require evidence so collect witness statements, police reports, photographs, and other corroborating pieces of tangible information.

The injured party must submit a copy of the court order and accident report to the Department of Motor Vehicles (DMV) once a judgment is awarded. Until the at-fault driver makes payment arrangements or pays the judgment, the DMV will suspend the at-fault driver’s license. Although this can bring some type of justice, if the crash was serious there may be concern about recovering full damages from the uninsured driver.

The Miley Legal Group can help drivers who are pursuing legal action against an uninsured driver. Call (304) 931-4088 to get legal help.

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