Most accident advice starts the same way: “Stay calm, call the police, see a doctor.” You’ve heard that before. What you probably haven’t heard is that in West Virginia, the first 72 hours after a crash can make or break your case. It’s not just about a checklist; it’s the window that can determine your health outcome, the quality of your evidence, and your claim’s credibility.
Every single hour counts. Miss the right move at the right time, and you could be giving insurers or the other driver’s lawyer an edge you never recover from. This guide cuts past the clichés and shows you, step by step, how to use those first 72 hours to protect yourself.
Why the First 72 Hours Matter in a WV Crash
Accidents can be overwhelming. You may feel shaken, disoriented, or even pain-free at first. But within hours or days, injuries can appear, evidence can disappear, and critical legal windows can start closing.
In West Virginia, several deadlines come into play quickly after a crash. From reporting requirements to insurance policy deadlines, taking timely action helps you avoid losing critical rights. Immediate steps also ensure that evidence stays intact and your account of events is fresh and accurate.
Va. Code §17C-4-6: Drivers must report crashes involving injury, death, or property damage of $1,000 or more to law enforcement immediately.
Step-by-Step Timeline: First 0–72 Hours After a Crash
The first three days after a collision move fast — and each stage comes with its own priorities. Here’s how to handle every phase so nothing important slips through.
0–2 Hours
Your top priority is safety. Move vehicles, if possible, call 911, and check for injuries. Exchange information with the other driver, including names, addresses, driver’s license numbers, and insurance details. Photograph the scene, vehicle damage, and any visible injuries.
Under W. Va. Code §17C-4-6, you are legally required to report the crash to police if someone is hurt, killed, or property damage meets or exceeds $1,000.
2–24 Hours
If you haven’t already, seek medical attention even if you feel fine. Concussions, whiplash, and internal injuries can have delayed symptoms. Notify your insurance company promptly, but understand that the 24–72 hour reporting window is a policy requirement, not a state law.
Document every detail you remember, including weather, road conditions, traffic signals, and witness statements. Preserve dashcam footage or request copies from any nearby businesses with security cameras.
24–72 Hours
Follow up with your doctor and document any new or worsening symptoms. Request the official police crash report or find out when it will be available. Officers must submit crash reports to the state within 10 days under W. Va. Code §17C-4-7.
If the crash was serious, consider speaking with an attorney familiar with Martinsburg and West Virginia accident laws to ensure evidence is secured and your rights are protected.
WV Car Accident Reporting Rules
West Virginia law is clear: You must report crashes to police immediately if they involve injuries, death, or at least $1,000 in damage.
Police officers then have 10 days to file a crash report with the state. In some cases, drivers may also need to file an AR-13 Accident Report Form with the Division of Motor Vehicles, particularly if law enforcement did not investigate on scene.
You can read the law directly at the West Virginia Legislature site.
Important: Insurance companies often have their deadlines, requiring that you notify them within 24–72 hours. This is separate from state reporting laws.
Medical Care Within 72 Hours
Some injuries take time to appear. A minor headache could be a concussion; stiffness could signal whiplash or spinal injury. If you wait too long to see a doctor, insurers may argue your injuries weren’t caused by the crash.
Early medical care creates a clear record, supports your claim, and protects your health. It also addresses the “gap in treatment” issue—when a delay between an accident and your treatment weakens your case.
Preserving Evidence After a Crash
Evidence can vanish quickly. Tire marks fade, damaged vehicles get repaired, and witness memories blur. Take photos and videos from multiple angles. Save your dashcam recordings and request footage from nearby businesses before it’s erased.
Some vehicles store crash data in an Event Data Recorder (EDR). This “black box” information can be valuable in proving speed, braking, and seatbelt use at the time of the collision.
If the crash was severe, an attorney can send a preservation letter to ensure critical evidence isn’t destroyed.
Understanding Fault and Time Limits in WV
West Virginia follows a modified comparative fault system. Under W. Va. Code §55-7-13A/C, you can only recover damages if you are 50% or less at fault. If you’re more than 50% at fault, you cannot recover.
The statute of limitations for personal injury and property damage is two years from the date of the accident (W. Va. Code §55-2-12). Missing this deadline can bar your claim entirely.
Timeline of Actions in the First 72 Hours
| Timeframe | Key Actions | Legal/Notes |
| 0–2 Hours | Call 911, ensure safety, exchange info, take photos | Report required if injury, death, or $1,000+ damage (§17C-4-6) |
| 2–24 Hours | Notify insurance, get medical check, preserve evidence | Insurance notice usually due in 24–72 hours |
| 24–72 Hours | Get crash report, follow-up care, legal guidance | Officer report due within 10 days (§17C-4-7) |
FAQs
Do I have to report every car accident in West Virginia?
No. Only if there’s injury, death, or $1,000+ property damage, as required under W. Va. Code §17C-4-6, must you immediately notify law enforcement.
Is the 72-hour insurance notice a law?
No. It’s not part of state law. Most insurance policies require notice within 24–72 hours, so check your policy to confirm exact reporting requirements carefully.
What if my injuries appear after 72 hours?
You can still seek medical care. Delayed symptoms are common, and waiting can hurt your health and your claim.
Can I be partly at fault and still recover damages in WV?
Yes. West Virginia allows recovery if you’re 50% or less at fault. More than 50% fault bars compensation under the state’s comparative negligence rule.
How do I get a copy of my WV crash report?
Request it directly from the investigating agency or the West Virginia DMV. It may take up to 10 days to become available.
Conclusion
The first 72 hours after a car accident in West Virginia can set the tone for everything that follows, from the strength of your claim to the recovery you take home. Every decision in that short span counts: reporting the crash, getting medical care, securing evidence, and understanding the laws that apply to you.
When you know the rules and act decisively, you protect yourself from the costly “what ifs” that can derail a case months later.
At Manchin Ferretti Injury Law, we help Martinsburg crash victims take the right steps early, so no critical opportunity is missed. If you’ve been in a crash, don’t leave your next moves to chance.
If you’ve been in a crash, don’t guess your way through the following steps. Schedule your free consultation today and get answers that protect your future.