According to the West Virginia Department of Transportation, thousands of motor vehicle crashes occur across the state each year. Many result in serious injuries and complex legal battles. While some accidents are unavoidable, what you do after the crash can significantly affect your ability to recover compensation for medical bills and related losses.
Unfortunately, many injury victims unknowingly make mistakes that can harm their chances of securing a fair settlement. Whether they delay medical treatment, post on social media, or speak to the insurance company too soon, these missteps can weaken even the strongest claims.
If you’ve been injured and are searching for a West Virginia car accident lawyer, it’s crucial to understand the common pitfalls that may jeopardize your case.
Small Mistakes Can Have a Big Impact
Every decision after a crash matters. West Virginia personal injury cases depend on timely medical care, accurate records, and legal deadlines. Miss even one step, and insurance companies may use this to dispute your claim.
This article covers key mistakes that can hurt your case—and how to avoid them.
Failing to Seek Immediate Medical Attention
Delaying medical care after a crash can harm both your health and your claim. Get checked by a medical professional right away after an accident, even if your injuries seem minor. Be aware that the symptoms of some injuries also might not manifest immediately.
Insurers may argue your injuries aren’t related if there’s a gap between the crash and your treatment. West Virginia courts expect timely documentation and early treatment to help connect your injuries to the crash.
Under West Virginia Code §55-2-12, victims generally have two years from the date of injury to file a personal injury lawsuit. Missing this deadline could bar your right to compensation.
Admitting Fault at the Accident Scene
Saying “I’m sorry” after a crash is a natural impulse. However, this seemingly innocent choice can be taken as an admission of fault. In West Virginia, anything you say at the scene could be used to determine liability.
The state follows a modified comparative negligence rule. If you’re more than 50% at fault for an accident, you may not recover damages. Even partial fault can reduce your compensation.
Even a simple ‘I’m sorry’ at the crash scene can be misconstrued as an admission of fault, impacting your ability to recover damages under the state’s comparative negligence laws.
To protect yourself, stick to the facts and avoid making any statements about fault.
Not Reporting the Accident Properly
Failing to report a crash is a common mistake. In West Virginia, you must report any accident involving injury, death, or significant property damage.
Failing to file a police report can hurt your case. This is especially true when dealing with insurance companies. The police report includes key details like time, location, and any violations. These details can establish important facts the insurance company might otherwise dispute.
Getting a copy of the report strengthens your claim and supports your version of events. Your case may appear incomplete or less credible without it.
Speaking to Insurance Adjusters Without Legal Guidance
The at-fault driver’s insurance company may contact you quickly after a crash. While they may seem helpful, their goal is to limit what they pay, not to support your recovery.
They might request a recorded statement or push for a quick settlement. These offers are usually much lower than what your claim is worth. Be aware that they may use any statement you make against you as justification for offering less than you’re seeking.
According to the Insurance Research Council, claimants who hire a personal injury attorney receive, on average, 3.5 times more in settlement amounts than those who don’t.
Protect your case by not speaking with the insurer until you’ve talked to an attorney. Your lawyer can handle communication and safeguard your rights.
Failing to Collect Evidence at the Scene
Evidence plays a significant role in how a car accident case unfolds. You could lose valuable information forever if you don’t gather details at the scene.
Try to collect the following:
- Photos of vehicle damage, injuries, skid marks, road conditions, and weather.
- Contact info for witnesses.
- The other driver’s insurance and license details.
Even small details, such as the position of the cars or a broken traffic light, can help reveal what really happened.
Sharing Details on Social Media
Posting online after a crash might seem harmless. However, it can backfire. Insurance companies and opposing lawyers monitor social media and may use your posts against you.
For example, if you claim serious injury but post vacation photos or photos depicting physical activity, it could be used to challenge your case, even if those moments were brief or painful.
Avoid posting about your health, accident, or daily activities until your case is resolved.
Missing the Filing Deadline for Legal Action
In West Virginia, the statute of limitations for filing a personal injury lawsuit after a car accident is two years. That sounds like a long time, but it passes quickly, especially if you’re recovering from injuries or waiting on insurance claims.
You will almost certainly lose the right to file a lawsuit if you miss the deadline. Some exceptions exist, but they are rare and depend on the specifics of your case.
Under West Virginia Code §55-2-12, victims have two years from the date of injury to file a lawsuit. Filing late could mean giving up your right to seek compensation.
Acting early also gives your attorney more time to gather evidence, contact witnesses, and build a strong case.
Frequently Asked Questions
What should I do immediately after a car accident in West Virginia?
You should seek medical help, report the accident to the police, gather photos and witness details, and avoid admitting fault. These steps help protect your health and strengthen your potential personal injury claim under West Virginia law.
How long do I have to file a car accident claim in West Virginia?
West Virginia law gives you two years from the date of the accident to file a personal injury lawsuit. The court may dismiss your case if you miss the deadline.
Can I still recover compensation if I am partially at fault?
Yes. West Virginia’s modified comparative negligence law allows you to recover compensation if you are less than 50% at fault. However, your total compensation will be reduced based on your percentage of fault in the accident.
Is posting on social media really that harmful to my case?
Absolutely. Insurance companies and defense lawyers may use your posts to question your injuries or credibility. Even casual updates can be subject to misinterpretation. It’s best to stay off social media while your case is active.
What if the insurance company offers a quick settlement?
Quick settlements are often less than what your claim is worth. Insurers hope you’ll accept before understanding the full impact of your injuries. Consult a personal injury lawyer to evaluate the offer before making any decision.
Get Help With Your West Virginia Car Accident Case
A car accident can leave you shaken, confused, and unsure of your next steps. But the mistakes you avoid now can shape the outcome of your entire case.
By understanding the most common errors—from missed medical care to early settlement traps—you can protect your rights and make informed decisions. Don’t let minor missteps cost you the compensation you deserve.
If you or a loved one has been injured in a crash, the team at Manchin Ferretti Injury Law offers a free consultation to help you understand your legal options.