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If you’ve been in an accident in West Virginia, the steps you take immediately can determine whether you receive full compensation or struggle with out-of-pocket expenses.
As a West Virginia personal injury lawyer with years of experience representing accident victims, I’ve seen how simple mistakes, like waiting too long to seek medical treatment or talking to the insurance company without legal guidance, can cost victims thousands of dollars.
To help you avoid those costly pitfalls, I’ve outlined exactly what you need to do after an accident, from ensuring your immediate safety to strengthening your case for maximum compensation.
Immediate Steps After an Accident in West Virginia
1. Seek Medical Attention Immediately
Your health should always be your top priority.
Injuries like concussions, whiplash, or internal bleeding may not present symptoms right away. Many of my West Virginia clients have walked away from an accident feeling okay, only to experience serious complications days later.
Getting checked by a doctor right away ensures that your injuries are properly documented, which is critical for both your health and your legal claim.
If paramedics arrive at the scene, let them examine you.
If you are not taken to the hospital, visit an urgent care facility or your primary doctor as soon as possible. The longer you wait, the more difficult it becomes to prove that your injuries were caused by the accident.
Medical records, prescriptions, and doctor’s notes serve as key evidence in your case and help determine the compensation you may be entitled to receive.
2. Call Law Enforcement and File a West Virginia Accident Report
Under West Virginia law, you must report any accident that results in injury, death, or property damage exceeding $500. A police report is crucial because it provides an official record of the accident and details:
- The conditions of the accident
- Statements from involved parties and witnesses
- The officer’s observations and, in many cases, an initial fault assessment
Failing to file a police report after an accident can make it much harder to prove what happened, especially if the other driver later denies responsibility.
If an officer arrives at the scene, provide them with the necessary details but never admit fault—even a simple apology can be misinterpreted and used against you later.
The Importance of an Accident Report
The most important piece of documentation you will need to get after an accident is a police report.
The insurance company will require a copy of the report to help determine who was at fault and be held liable for the accident.
As the official record, this report will be the foundation for your insurance claim timeline. If the insurance company does deny liability even though the accident report states otherwise, immediately contact an attorney.
3. Gather Critical Evidence at the Scene
Gathering evidence after an accident is a crucial thing that can help your case.
I always tell my West Virginia clients to act as if they are building a case from the start. If you are physically able, document everything at the scene by taking clear photos of your vehicle damage, road conditions, skid marks, and visible injuries.
Capture the surrounding area, including traffic signs, stoplights, and any potential surveillance cameras that may have recorded the crash.
Witnesses are invaluable—get their names and contact information, as their statements can serve as strong evidence to support your claim.
You may later need those people to testify for you as to how it happened, and if it wasn’t your fault and the other person who caused the accident is also denying fault, then you may need to resort to calling these witnesses to provide aid to you in your case.
What if the Police Report Is Inaccurate?
In West Virginia, disputing a police report requires a formal process, but it is not impossible.
If you notice factual errors—such as the wrong vehicle listed as at-fault, incorrect personal details, or missing witness statements—contact the responding police department immediately.
Provide any supporting evidence, such as photographs, medical records, or new witness testimony. In some cases, officers may be willing to amend minor mistakes, but if the report contains subjective conclusions about fault, it may be harder to change.
An experienced West Virginia personal injury lawyer can help dispute inaccuracies and ensure your rights are protected.
3 Things to Avoid After an Accident
Many accident victims unknowingly hurt their own claims by making costly mistakes.
If you’ve been injured in an accident, here are three things you must avoid:
- Never give the insurance company a recorded statement. Adjusters may twist your words to make it seem like you admitted fault or that your injuries aren’t severe.
- Don’t sign a medical release form. Insurance companies will try to access your full medical history, looking for past injuries to argue that your current condition isn’t from the accident.
- Don’t accept a quick settlement. Insurance companies often offer lowball settlements before you fully understand the extent of your injuries and damages. Once you accept, you cannot ask for more money later.
How Insurance Companies Trick You (And How to Avoid It)
Insurance companies use tactics designed to reduce payouts, often at the expense of accident victims.
In Episode 5 of Tiger Talks, I break down these strategies and how to protect yourself.
Episode 5 of my Tiger Talks about Insurance Company Tactics
Insurance companies pretend to be on your side, but their goal is always to protect their bottom line.
I’ve seen countless West Virginia residents fall victim to insurance company tactics designed to reduce or deny their rightful compensation. Here are some common tricks they use:
- Pressuring You to Give a Recorded Statement: Adjusters often ask victims to provide a statement early on, hoping you’ll say something that can be twisted against you later. Never provide a recorded statement without consulting an attorney first.
- Offering a Quick Settlement: Many insurance companies rush to offer a lowball settlement before you understand the full extent of your injuries. Once you accept, you can’t go back and ask for more.
- Requesting Access to Your Medical Records: Adjusters may ask for a broad authorization to review your medical history—not just for injuries related to the accident. They can then use past conditions to argue that your injuries were pre-existing and not caused by the crash.
Tactic #1: The Lowball Settlement Offer: A Real Case from West Virginia
One of our clients was rear-ended at the busy intersection of Route 50 and I-79.
He didn’t feel injured initially, but by the next day, soreness set in. Recognizing the potential for future medical expenses, he reached out to Miley Legal Group for guidance.
The insurance company offered a low settlement, hoping he’d accept before understanding the full extent of his injuries.
After evaluating his case, we determined that the insurer was significantly undervaluing his claim. When negotiations failed, we took the case to trial—ultimately securing a much higher settlement than the original offer. This victory not only covered his medical expenses but also compensated for the pain and suffering he endured.
Always remember: Insurance companies are not your friends.
Their priority is to pay out as little as possible. Before speaking with an adjuster, contact an experienced West Virginia car accident lawyer to protect your claim.
Who Should Collect Your Medical Records?
Gathering medical records is one of the most critical steps in proving your case.
While many law firms require clients to collect their own records, it is always better to let your attorney handle it.
Medical records should include treatment from before and after the accident to show how your injuries directly resulted from the crash.
An experienced attorney will ensure nothing is missing and that the insurance company receives the full scope of your medical expenses, rehabilitation needs, and long-term prognosis.
Without the right documentation, insurers may try to undervalue or deny your claim.
When Should You Settle Your Injury Claim
The advice that I’ll give to you is the same advice that I give to everybody, and that is, never settle your injury claim until you have either:
- Fully recovered from your injuries,
- Recovered to the point where you are as good as you will get.
These are the only two occasions where you settle your injury claim. But there’s also an accident insurance claim time limit to consider, meaning you have a filing deadline.
Why Seeking Legal Help Early Matters
One of our clients– a car accident victim who consulted us for legal guidance
Taking the right steps after an accident can protect both your health and financial recovery.
For example, one of our clients, a Clarksburg driver learned this the hard way after being rear-ended near the Meadowbrook exit. The crash left them with serious injuries, and police advised them to seek legal help.
By acting quickly and consulting an attorney, they avoided insurance disputes and secured compensation for medical bills and lost wages—allowing them to focus on recovery.
This real-life example highlights why documenting evidence, seeking medical attention, and getting legal guidance early can make all the difference.
How Much Is Your Accident Claim Worth?
The value of your claim depends on multiple factors, including:
- Severity of injuries – More serious injuries lead to higher compensation.
- Permanency of injuries – Long-term or disabling injuries increase claim value.
- Lost wages and ability to work – If your injuries prevent you from returning to work, you may be entitled to compensation for lost income.
- Pain and suffering – The emotional and physical toll of the accident can contribute to a higher payout.
An attorney can assess these factors and negotiate the maximum compensation you deserve.
Will Your Case Go to Court?
Most accident claims in West Virginia settle out of court, but some go to trial due to disputes over liability or the value of damages.
Personal injury lawyers know what type of evidence will drive an insurance company’s decision.
If the insurance company refuses to offer a fair settlement, your attorney may recommend filing a lawsuit.
This doesn’t mean your case will automatically go to trial—many lawsuits are settled before reaching the courtroom. However, having an attorney will help obtain fairness for their clients.
FAQs About Car Accidents in West Virginia
How long do I have to file a car accident claim in West Virginia?
- In most cases, like a car accident, you have one to six years from the collision date to file a personal injury or property damage claim, but you should file sooner rather than later.
What if the at-fault driver doesn’t have insurance?
- All drivers are required to carry uninsured/underinsured motorist coverage in West Virginia, which can help you recover compensation if the other driver lacks insurance.
What happens if I was partially at fault for the accident?
- We follow a modified comparative negligence rule—as long as you are less than 50% at fault, you can still recover damages.
Can I handle my claim without a lawyer?
- While it’s possible, insurance companies use aggressive tactics to reduce payouts. Having a personal injury attorney greatly increases your chances of securing full compensation.
Final Thoughts: Protect Your Rights
The steps you take after an accident in West Virginia can determine the outcome of your claim.
By seeking medical attention, documenting evidence, and working with an experienced personal injury attorney, you can protect your legal rights and maximize your compensation.
Protecting your rights after an accident starts with the right decisions.
If you have questions about your claim or need legal guidance, speaking with a personal injury law firm can help you understand your options and avoid costly mistakes.