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Filing a claim quickly is always best practice if you’re in an accident, but West Virginia doesn’t specify how long you have to report a car accident to your insurance company. Contacting your insurance provider is a critical step that many drivers are reluctant to take because they’re afraid of increasing their rates.
While worries about reporting a car accident are understandable, choosing to do nothing can lead to negative consequences. Reporting your accident to your insurance company as soon as possible can prevent these repercussions. If you’re concerned about filing a claim or aren’t sure what to do next, a knowledgeable attorney at Warner Law Offices can help you review the governing insurance policy and protect your rights.
How Long Do You Have To Report an Accident?
The timeline for reporting a car accident depends on your insurance policy. Most companies require prompt reporting, ranging from 24 hours to several weeks. However, there is no standard timeframe.
The best way to learn when you have to file a claim is by carefully reviewing your policy for specific requirements. Our attorneys can help you analyze the governing documents to ensure you know your rights.
Do I Need To File a Police Report if There’s No Damage?
Filing a police report is crucial, no matter how minor the accident may seem. It provides an official record that can help establish liability and ensure accurate documentation of the incident.
Undetected Injuries
Even if you don’t initially believe you’ve been injured, contacting the police is important. While broken bones and lacerations might be obvious as soon as an accident occurs, other injuries may not be apparent right away. For example, car accident victims sometimes don’t realize they have whiplash, traumatic brain injuries, or internal bleeding. Psychological harm, such as post-traumatic stress disorder, may also arise weeks or months later.
Legal Risks
Reporting an accident to the police is even more vital if it results in significant property damage or injuries. West Virginia law requires you to report accidents that cause $1,000 or more in property damage to the police as soon as possible. The same applies if the accident injures or kills a driver, passenger, or third party. Failing to file a report can result in serious legal repercussions.
Can I Still File a Claim If I Miss the Reporting Deadline?
Filing a claim long after an accident is easier when dealing with insurers than the courts. Whether your claim is still valid depends on the unique circumstances of your case.
Filing an Insurance Claim
Because West Virginia has no official filing deadline, your insurance company will decide whether the delay in reporting affects your claim. If you have a valid reason, the insurer might be willing to accept your claim even if significant time passed after the accident. However, you should file your claims as soon as possible to avoid unnecessary complications.
Filing a Personal Injury Lawsuit
The West Virginia personal injury statute of limitations normally gives two years from the date of the accident to file a lawsuit. If you attempt to file after this period, the judge will dismiss your case. There are very limited exceptions to this rule. Our experienced attorneys can help you pursue fair compensation before the deadline passes.
What Happens if I Don’t Report a Car Accident?
Many drivers don’t report their car accidents, especially if they feel that they share some responsibility. In one survey, only 43 percent of at-fault drivers said they would report an accident to their insurer.
However, this generally creates more problems than it solves. If you later have issues with your vehicle or physical health, your insurance company may no longer be willing to compensate you. Adjusters could also question your account of the accident if you can’t provide a detailed police report.
In addition, failing to report an accident to the police could expose you to serious legal consequences. In West Virginia, you can lose your driver’s license if you fail to make a report. Depending on the severity of the accident, you might also face a misdemeanor charge, which could lead to fines and even imprisonment.
Our attorneys can help you file an insurance claim and communicate with the police. This will help you to avoid legal ramifications and claim the compensation you are entitled to from insurance companies.
How Can an Attorney Help With Reporting an Accident to Insurance?
Speaking to an attorney with experience handling car accident cases can help you overcome common obstacles. For example, insurance companies often deny the severity of accidents to save money. A lawyer who knows how to counter their underhanded tactics can help protect your rights. A lawyer is especially beneficial if any of these situations apply:
- The insurance company denies your claim, delays payment, or pressures you to settle for less than your claim is worth.
- The accident injured you or someone else.
- You were not at fault for the accident.
- Fault is unclear.
- An involved party is
Any of these scenarios can result in inadequate compensation from insurers, leaving you burdened with overwhelming medical bills and other expenses.
Contact Us and Get Support When Reporting Your Car Accident
Not reporting an accident may seem tempting if you’re worried about higher insurance rates, but staying silent isn’t worth the risk. If you’re concerned that you’ve waited too long, consult an attorney who understands the time limits for filing an auto insurance claim or personal injury lawsuit.
With decades of combined experience and a proven track record of success, our Charleston car accident lawyers can help. Let us put our legal skills and resources to work for you. Call (304) 345-6789 or contact us online to schedule a free, no-obligation consultation.
