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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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When does it make sense to claim damages from one’s own insurer?

Tim Miley
Injury Lawyer, Author, & Owner of The Miley Legal Group
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Motor vehicle accident-related injuries lead to huge financial losses for the individuals involved in the crashes. The laws in West Virginia state that the auto insurance policy of the at-fault driver should pay for the damages sustained in the accident. However, there are certain instances when it makes sense to claim damages from one’s own insurers for an auto injury even if not at fault. 

When the At-Fault Driver is Not Insured

When the at-fault driver is not insured, the accident victim is compelled to claim damages with his or her own insurance carrier. Uninsured motorist coverage (UM) is required in West Virginia and provides coverage in cases in which the at-fault driver is not insured or if the at-fault driver flees the scene. Medical payments coverage and collision coverage provide compensation, too.

Awaiting a Personal Injury Claim

Accident victims can even pursue a lawsuit against the uninsured at-fault driver. In this case, bills can mount as medical care is received and the victim is unable to work. In this case, accident victims can turn to their own health insurance for coverage of their medical bills.

But health insurance comes with a deductible for which the claimant is responsible, and the insurer will place a lien on any future settlement to recover its costs.

Get Legal Help Filing a Car Accident Claim or Lawsuit

The legal procedure for filing for accident damage claims can be complicated especially when dealing with the at-fault driver’s insurance company. So can be the task of calculating claim value. This may require seeking assistance from an attorney.

Contact The Miley Legal Group at 304-931-4088 to set up a consultation with a lawyer. You can discuss the details of your car accident and any difficulties or challenges you’re facing while pursuing compensation. 

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