When the At-Fault Driver's Policy Isn't Enough

If the driver who hurt you carries low insurance, the policy limit becomes the first hard number you face. A policy limit is the most one insurer will pay under that policy. It is not a measure of what your injury is worth. Dealing with low policy limits catastrophic injury cases in West Virginia takes more than reading the policy. This page explains what limits mean, what West Virginia law says about other sources of recovery, and which early steps protect a claim. Big Bubba Injury Law handles car and truck crashes, catastrophic injuries and wrongful death claims for people across the state.

What Policy Limits Mean After a Catastrophic Crash

A policy limit is the most an insurer will pay under one policy for injuries its driver caused. Most auto liability policies list two numbers. One is the limit per person. The other is the limit per accident, which covers everyone hurt in the same crash.

Those limits cap the insurer’s payment. They do not measure the value of a brain injury, a spinal cord injury or a death. A catastrophic injury can bring surgery, rehabilitation, long-term care and lost earning capacity. A small policy may not cover all of that.

Two people hurt in the same kind of crash can face very different coverage. The difference often comes from the policy the driver bought, not from the crash itself. That is why the limit is only the starting point. The real question is what other sources a claim may look to when the policy is too small.

West Virginia’s Minimum Liability Limits

West Virginia requires drivers to carry liability insurance. Under W. Va. Code § 17d-4-2, proof of financial responsibility for a motor vehicle, trailer or semitrailer is stated in dollar amounts for bodily injury to or death of one person in any one accident, and, subject to that limit, for bodily injury to or death of two or more persons in any one accident. The first number is the per person limit, and the second is the per accident limit.

A driver who carries only the minimum may have far less bodily injury coverage than a serious brain or spinal cord injury can require. Drivers can also buy higher limits. The declarations page of a driver’s policy shows the limits that driver actually carries. In a claim, that information is typically requested from the insurer. The firm can make that request on the injured person’s behalf.

When a Catastrophic Injury Claim Exceeds Insurance Limits

When documented losses are larger than the available coverage, the gap is the part the policy cannot pay. Losses in a catastrophic injury case often include past and future medical care, rehabilitation, lost wages and lost earning capacity, and pain and suffering.

Wrongful death claims follow their own rules. West Virginia Code § 55-7-6 requires the action to be brought by the personal representative of the deceased person’s estate. The verdict must include damages for sorrow, mental anguish and solace, and may not be limited to the listed damages. Surviving family members may have losses that go well beyond funeral costs.

If an injured person dies after the crash, West Virginia Code § 55-7-8 says the action does not end on death. It may be revived in the name of the personal representative. A separate claim for damages incurred between the injury and the death may also be brought, where not otherwise provided for in the wrongful death sections, and if brought it shall be joined in the same proceeding. West Virginia Code § 55-7-8

The size of any gap depends on the injury and the policy. An early, well documented picture of the losses helps show the real size of the claim.

Other Sources a Claim May Look To

When the at-fault driver’s policy is too small, a claim may look to other sources. The first is often the injured person’s own underinsured motorist coverage. Under West Virginia Code § 33-6-31, a motor vehicle policy must give the insured an option to buy coverage for what the insured is legally entitled to recover from an underinsured driver. Those payments cannot be reduced by payments made under the insured’s own policy or any other policy.

Some drivers carry an umbrella or excess policy, which can sit above primary limits. Whether one exists is a question the claim investigation has to answer.

If the driver was working or driving a company vehicle, the employer or vehicle owner may also be responsible. West Virginia Code § 55-7-32 defines an employer defendant to include the vehicle owner and the driver’s employer. Under W. Va. Code § 55-7-32, the cap on noneconomic damages against an employer defendant is $5 million for each person injured or killed, but only in cases involving a commercial motor vehicle that requires a commercial driver’s license. The cap is not available to an employer defendant without at least $3 million in commercial motor vehicle insurance for each occurrence, does not apply in certain impairment or distracted driving situations, and increases for inflation beginning January 1, 2026, up to 150 percent of the stated amount. The cap is not available unless the employer carries at least $3 million in commercial vehicle insurance for each occurrence. It also does not apply in several listed situations, such as willful or wanton disregard for safety.

For interstate trucks, federal rules set minimum public liability levels. 49 C.F.R. § 387.9 lists $750,000 for for-hire carriage of nonhazardous property in interstate or foreign commerce, with a vehicle rated at 10,001 pounds or more. Higher amounts apply to certain hazardous loads. Other parties whose conduct contributed to a crash, such as a maintenance provider, may also be part of a claim where the facts support it.

How Comparative Fault Can Change the Picture

West Virginia reduces recovery by the injured person’s share of fault. It bars recovery only when that person’s fault is greater than the combined fault of everyone else. Under West Virginia Code § 55-7-13c, if the injured person’s fault is less, recovery is reduced in proportion to that fault.

Here is a simple, hypothetical example. Suppose a jury assigns 20% of the fault to the injured driver and 80% to the other driver. The injured driver’s fault is less than the other fault, so recovery is reduced by 20%. The reduced amount is then compared with the available coverage.

Each defendant generally pays only its own share, not the whole amount. Joint liability applies in some listed cases, such as certain drunk driving cases. A defendant can also name a nonparty as partly at fault. Under W. Va. Code § 55-7-13d, a defending party may give notice that a nonparty was wholly or partially at fault, and that notice must be given no later than one hundred eighty days after service of process upon the defendant. Under West Virginia Code § 55-7-13d, a nonparty’s share reduces the plaintiff’s recovery.

Fault is decided on evidence. That includes police reports, witness statements, vehicle data and photographs. The other insurer may dispute fault, so a clear early record helps.

Deadlines and Evidence That Protect a Claim

A personal injury claim in West Virginia generally must be brought within two years. West Virginia Code § 55-2-12 sets two years after the right to bring the action arises for personal injury, for personal actions for which no other limitation is prescribed. A wrongful death action must be commenced within two years after the death, subject to the provisions of section eighteen, article two, chapter fifty-five, under West Virginia Code § 55-7-6. W. Va. Code § 55-7-6 reads: “The provisions of this section shall not apply to actions brought for the death of any person occurring prior to July 1, 1988.” Under W. Va. Code § 55-7-6(d), a wrongful death action must be commenced within two years after the death of the deceased person, subject to the provisions of section eighteen, article two, chapter fifty-five. W. Va. Code § 55-7-6 reads: “The provisions of this section shall not apply to actions brought for the death of any person occurring prior to July 1, 1988.” The exact timing depends on the facts of the case, so don’t plan around extra time.

Start preserving evidence early:

• The crash report number and the investigating officer’s information.
• Photos of the scene, the vehicles and your injuries.
• Medical records and bills, kept together in one place.
• Wage records and proof of time missed from work.
• A written log of symptoms and daily limits.

Report the crash to your own insurer. Keep a record of every insurer call and letter. Commercial carriers are different. Early requests for driver logs and maintenance files help protect that evidence.

Next Steps If You Are Facing a Low-Limit Driver

If the at-fault driver’s policy looks small next to your losses, a free case review can look at all of it together. Maybe you are caring for a parent after a spinal cord injury. Or maybe your family lost someone, and the driver’s limits seem far too low for the medical bills and lost income. Those facts are where the review begins.

A free case review can look at the policy limits, the other possible sources of recovery, the fault question and the filing deadline. The firm serves injury victims across West Virginia, including Serving Charleston, Huntington and Morgantown families.

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