West Virginia Auto Coverage Requirements
This chapter covers the coverage rules a West Virginia producer must know to place personal auto correctly: the compulsory liability limits, mandatory uninsured motorist coverage, the offer of underinsured motorist coverage, and West Virginia's tort approach to the right to sue.
Compulsory Liability and Uninsured Motorist Coverage
West Virginia requires minimum auto liability of $25,000 bodily injury per person, $50,000 per accident, and $25,000 property damage (25/50/25), verified this session via a state auto-insurance requirements source. West Virginia also requires uninsured motorist (UM) coverage at limits equal to the liability minimums. These are minimums that can change by law; verify the current figures with the Offices of the Insurance Commissioner.
Underinsured Motorist Coverage
In addition to mandatory UM, West Virginia requires insurers to offer underinsured motorist (UIM) coverage, and the applicant may accept or reject it. UIM pays when the at-fault driver has some liability coverage but not enough to cover the loss. Insurers must make UIM available up to higher limits (offered up to $100,000 per person / $300,000 per accident bodily injury and $50,000 property damage per the source reviewed this session); the insured chooses the amount. Confirm the current offer and limit rules with the Offices of the Insurance Commissioner.
A Tort State, Not No-Fault
West Virginia follows a traditional tort (at-fault) system rather than no-fault: the at-fault driver and that driver's insurer are responsible for the other party's damages, and the injured person keeps the full right to sue. This distinguishes West Virginia from the roughly a dozen true no-fault states that restrict lawsuits below a threshold. Because states periodically revisit their auto systems, confirm the current framework with the Offices of the Insurance Commissioner when advising clients.