Is West Virginia a no-fault state?

No. West Virginia is an at-fault state. The at-fault driver's liability insurance pays for the damage and injuries they cause.

Last checked November 9, 2026 · Official sources (4)

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Outline map of West Virginia
West Virginia. Map source: U.S. Census Bureau.

How does West Virginia car insurance work?

“Underinsured Motorist Coverage A form of insurance which provides coverage when the liability coverage of the at-fault party is inadequate to cover the amount of damages or injuries.”

West Virginia Offices of the Insurance Commissioner

What is West Virginia's minimum car insurance?

CoverageWhat West Virginia requires
Injury to one person$25,000
Injuries in one crash$50,000
Damage to property$25,000
Uninsured motoristUninsured motorist coverage is mandatory: $25,000/$50,000 for injuries and $25,000 for property damage.

Does West Virginia use comparative negligence?

Your fault does not bar recovery unless it is greater than the combined fault of everyone else; otherwise your award is reduced by your share.

Example: with $10,000 in losses and 20% of the fault, you could recover up to $8,000. Above 50%, you would get nothing.

Other at-fault states

Questions

How much insurance does West Virginia require?

At least $25,000 for one injury, $50,000 for two or more injuries, and $25,000 for property damage.

What if you were partly at fault in West Virginia?

You can recover unless your fault is greater than everyone else's combined, and your money is reduced by your share.

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Sources (4)

  1. West Virginia Offices of the Insurance Commissioner, checked 2026-11-09. “Underinsured Motorist Coverage A form of insurance which provides coverage when the liability coverage of the at-fault party is inadequate to cover the amount of damages or injuries.”
  2. West Virginia Division of Motor Vehicles, checked 2026-11-09. “The current minimum amount of coverage required is: $25,000 for one crash, one injury $50,000 for one crash, two or more injuries $25,000 for property damage”
  3. West Virginia Offices of the Insurance Commissioner, checked 2026-11-09. “Liability: $25,000/$50,000 Property damage: $25,000 Uninsured Motorist: $25,000/$50,000 Property damage: $25,000”
  4. West Virginia Legislature, W. Va. Code § 55-7-13c, checked 2026-11-09. “Any fault chargeable to the plaintiff shall not bar recovery by the plaintiff unless the plaintiff's fault is greater than the combined fault of all other persons responsible for the total amount of damages, if any, to be awarded.”

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