West Virginia Laws Concerning Uninsured and Underinsured Motorists

A variety of issues can arise with uninsured and underinsured motorists claims, making them complex legal issues to resolve. At McQueen Davis, PLLC, our firm draws on close to 50 years of combined legal experience and extensive knowledge of insurance law acquired through years focusing on this legal area.

Prosecution of uninsured and underinsured motorist claims for policy-holders

Uninsured and underinsured motorists coverage seeks to compensate injury victims when other drivers do not have insurance or have inadequate coverage to pay for the victims' injuries. Our firm prosecutes claims involving uninsured and underinsured motorists issues.

The West Virginia Offices of the Insurance Commissioner regulates the state's insurance industry and ensures that insurance companies comply with state insurance laws. Under West Virginia law, insurers must honor a valid uninsured motorist claim based on the language contained in the policyholder's contract and the policy's established limits. The West Virginia Code defines insurance terms and sets the legal parameters for uninsured and underinsured motorist insurance policies. Mandatory compulsory insurance requirements exist in West Virginia for uninsured and underinsured motorists coverage:

  • The requirement for uninsured motorists is $10,000 for property damage and $20,000/$40,000 for bodily injury
  • Mandatory maximum optional coverage offerings for uninsured motorists are $50,000 for property damage and $100,000/$300,000 for bodily injury
  • The underinsured motorists minimum is $10,000 for property damage and $20,000/$40,000 for bodily injury, but this coverage may be waived by means of a detailed process that insurer's must adhere to.

McQueen Davis, PLLC helps clients deal with various types of disputed issues involving uninsured motorists and underinsured motorists coverage, such as:

  • Disputes about whether the claimant is insured under the policy
  • Priorities as to which insurance policy of several pays first
  • Disputes over the scope of coverage for accidents occurring out-of-state
  • Conflicts over improper cancellation of the at-fault driver's insurance coverage
  • Disagreements over reduced coverage based on payments received by the at-fault driver's insurance company
  • Disputes over failures to comply with insurance policy conditions
  • Disagreements over payment amounts involving stacked coverages
  • Complexities involving the triggering of more than one insurance policy
  • Effect of Medicare or Medicaid liens on coverage benefits

Through mediation, arbitration or litigation, our lawyers offer the versatility to effectively handle insurance disputes.

Get a skilled West Virginia insurance lawyer on your side

Obtaining a seasoned insurance attorney can help you deal with disputes involving uninsured and underinsured motorist claims. Call us at 304-840-0035 or contact us online to schedule a free initial consultation.