If you’ve been in an accident with an uninsured or underinsured driver, the situation can be frustrating. However, you still have options, such as filing a claim through your own policy or pursuing legal action. A Wheeling uninsured/underinsured motorist lawyer can help you figure out the best path forward.
At The Stuckey Firm, LLC, we understand the tactics insurance companies use to minimize payouts. With over three decades of combined experience, our team is committed to helping you secure the compensation you’re entitled to, even when dealing with uninsured or underinsured drivers.
Don’t leave your financial future in an insurer’s hands. A Wheeling car accident lawyer from our firm is ready to investigate your case and fight for every dollar. Let us help protect your financial future. Contact us today for a free consultation.
How Our Wheeling Uninsured/Underinsured Motorist Lawyers Can Help
Dealing with an uninsured driver can be stressful. We manage the legal process so you can focus on your recovery. Our team will handle everything from insurance claims to preparing a strong case for trial to ensure you’re not left paying for someone else’s negligence.
Here’s what we’ll do for you:
- Investigate the crash, gather key evidence, and identify all responsible parties.
- Collect medical records, accident reports, and witness statements to strengthen your claim.
- Handle all communication with the insurance company to protect your rights.
- Craft a demand letter that clearly outlines your damages and the impact of your injuries.
- Push back against lowball offers and fight for a fair settlement.
- If necessary, we’re fully prepared to take your case to trial.
A Wheeling personal injury lawyer from our firm will stand with you every step of the way. Your first consultation is free, and you don’t pay unless we win.
We Are Committed to Holding Negligent Parties Accountable and Putting Your Needs First.
What Is West Virginia Uninsured Motorist Coverage?
In West Virginia, you are required by law to carry car insurance. Your policy must meet the state’s minimum coverage amounts to help cover injuries and damage if an accident happens.
West Virginia’s minimum car insurance requirements include:
- Bodily injury liability: $25,000 per person, $50,000 per accident
- Property damage liability: $25,000 per accident
West Virginia’s Offices of the Insurance Commissioner requires you to possess Uninsured Motorist (UM) coverage at a minimum of $25,000. It is also the law in West Virginia that your insurance carrier MUST OFFER you an amount of UM coverage up to an amount equal to your liability limits. You MUST be afforded the opportunity to decline the amount of UM benefits being offered or select lower limits.
If not, your policy may be reformed based on existing West Virginia law to include an amount of UM benefits under your policy equal to your liability limits. If an uninsured driver causes a crash, your UM benefits cover the costs they should have paid.
What Damages Do UM Benefits Cover?
UM benefits help cover both financial and personal losses after a crash, including:
- Medical bills
- Lost wages
- Property damage
- Pain and suffering
Your coverage applies up to your policy limits. For example, in a situation with minimum 25/50/25 coverage, you can receive up to $25,000 for injuries and $25,000 for vehicle repairs.
UM benefits also apply to hit-and-run accidents in West Virginia, covering your losses when the at-fault driver can’t be found. If they’re later identified, your insurer may seek reimbursement.
To be able to present an uninsured motorist claim to your insurance company, you MUST contact law enforcement to report a crash. The failure to do so may preclude your right to pursue a UM claim.
Professional. Personable. Proven effective.
What Is Underinsured Motorist Coverage?
Underinsured Motorist (UIM) coverage helps fill the gap when an at–fault driver’s insurance isn’t enough to cover your losses. If their policy maxes out before your medical bills and other damages are covered, UIM benefits step in.
For example, if the other driver only has minimum liability coverage, their insurer will pay up to $25,000 for injuries per person. If your medical bills exceed that, you’d be stuck covering the rest—unless you have UIM coverage to make up the difference.
While UIM coverage is optional in West Virginia, it’s a valuable tool that protects you from financial hardship if the at-fault driver’s coverage falls short.
“Everything he did was over and beyond what we would expect an attorney to do. He made it so that we didn’t have any worries.”.
Client | Auto AccidentCan You File a Lawsuit Against an Uninsured Motorist?
Yes, you can pursue legal action against the uninsured driver. While UM benefits help, you also have the right to file a lawsuit and demand compensation directly from them. However, winning a case requires proving negligence.
Negligence means showing that the driver owed you a duty of care, violated that duty, and caused the crash, leading to your damages—such as medical bills or lost wages. Even if you win, collecting payment can be difficult if they have no assets.
That’s why it’s important to identify all liable parties. In West Virginia, anyone who contributed to the crash—whether another driver, a business, or a government entity—can share responsibility. Our Wheeling uninsured/underinsured motorist lawyers will investigate every angle to maximize your recovery.
Professional. Personable. Proven effective.
Understanding West Virginia’s Time Limits for Accident Claims
West Virginia law gives you two years from the accident date to file a lawsuit against the uninsured driver or any other responsible party. If you miss this deadline, you lose your chance to seek compensation through the courts.
While you may have more time to file a UM or UIM claim with your insurance company, delaying your case can weaken your position. Acting promptly helps ensure all available coverage is identified and crucial evidence is gathered.
Holding Uninsured Drivers Accountable Starts Here
An uninsured or underinsured driver shouldn’t leave you stuck with the costs. The Stuckey Firm, LLC, is ready to fight for you. Our Wheeling uninsured/underinsured motorist lawyer will uncover every path to compensation and take on the insurance companies so you don’t have to.
We’re dedicated to building strong cases through thorough investigations, evidence gathering, and strong negotiation. If necessary, we’ll take your case to court to ensure you receive fair compensation.
With over three decades of combined experience, we know how to get results. You shouldn’t have to deal with this alone. Let us fight for what’s right. Contact us today for a free consultation.
Get answers and help on your way, starting today.