Question 1

Does West Virginia allow UIM stacking?

Accepted Answer

The statute does not say in terms. It requires that a multi-vehicle policy and separate single-vehicle policies be treated alike for determining the total coverage available to you (W. Va. Code 33-6-31(b)). We did not read West Virginia court decisions on stacking, so check your policy and ask an attorney.

Question 2

Is UM or UIM required in West Virginia?

Accepted Answer

Uninsured motorist coverage is required in at least the minimum limits. Insurers must offer, at adjusted premiums, higher uninsured and underinsured coverage up to your liability limits, without set-off, but buying it is your option (W. Va. Code 33-6-31(b)).

Question 3

Does the other driver's payment reduce my UIM?

Accepted Answer

The statute says no sums payable under underinsured coverage may be reduced by payments made under your policy or any other policy (W. Va. Code 33-6-31(b)). We read that as paying your damages beyond what the other driver's insurer paid, up to your limit.

Question 4

What if I was partly at fault?

Accepted Answer

Your fault does not bar recovery unless it is greater than the combined fault of all other responsible persons; otherwise your recovery is reduced in proportion (W. Va. Code 55-7-13c(c)).

Question 5

How long do I have to sue?

Accepted Answer

Two years for personal injury (W. Va. Code 55-2-12(b)). A person who was an infant when the right accrued may sue within the same number of years after reaching full age, but never after 20 years from accrual (55-2-15(b)).

West Virginia UIM Stacking Calculator

Estimate your UIM benefits

West Virginia makes UIM an option, bars any set-off against it, and treats multi-vehicle and single-vehicle policies alike for total coverage

West Virginia UIM Stacking Calculator

Estimate your UIM benefits

West Virginia makes UIM an option, bars any set-off against it, and treats multi-vehicle and single-vehicle policies alike for total coverage

Go deeper

Related calculators