This form is a sample personal injury complaint filed by the guest passenger in a vehicle involved in accident.
West Virginia Complaint regarding Auto Accident (Guest Passenger vs Driver)
State:
Multi-State
Control #:
US-PI-0283
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint Regarding Auto Accident (Guest Passenger Vs Driver)?
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FAQ
The driver of a vehicle involved in a crash resulting in injury to or death of any person or total property damage to an apparent extent of $1,000 or more shall immediately by the quickest means of communication, give notice of such crash to the local police department if such crash occurs within a municipality, ...
If you let someone borrow your car and they cause an accident in West Virginia, bodily injury liability insurance pays for injuries to the other driver and their passengers. Property damage liability insurance will pay for damage to the other driver's car.
The West Virginia statute of limitations for personal injury claims is generally two years after the date of injury. Therefore, the best way to protect your legal rights is to file a lawsuit within two years after you were injured.
Under West Virginia's comparative negligence laws, an injury victim who is 50% or less at fault for an accident can recover compensation for their injuries. Their total amount of damages will then be reduced by the percentage that they were to blame for the accident.
No, West Virginia is not a no-fault state for auto insurance. West Virginia is an "at-fault" or "tort" state, which means the person who is at fault for a car accident is responsible for paying for other people's injuries and property damage resulting from the accident.
In these circumstances, representing both would present a conflict of interest. Where, as here, the passenger may raise a claim against her own driver, the representation of one client will be directly adverse to another.
Virginia is, in fact, an at-fault state, which means the driver whose negligence caused your accident is responsible for compensating you. Virginia does not require insurance on every registered vehicle. If the driver who caused your accident is covered, you can request compensation from their insurer.
Virginia laws on pure contributory negligence Initially and unfairly, liability in vehicle collisions is ultimately determined by an insurance claims adjuster who is assigned to the case. They will evaluate the vehicle damage, injury reports, and carefully review all the events and circumstances preceding the accident.