How Long to File a Crash Claim in West Virginia

If you were hurt in a crash, you probably want to know how long do I have to file a claim after a crash in West Virginia. For most injury claims, the answer is two years. Several situations change that picture, so it helps to know the rules before the clock runs out.

The Short Answer: Two Years for Most Crash Injury Claims in West Virginia

For most injury claims from a crash, West Virginia gives you two years to file. Under W. Va. Code § 55-2-12, a personal action for personal injuries, where no other limitation is prescribed, must be brought within two years after the right to bring it accrues. The same statute sets two years for damage to property.

“Filing” means starting a lawsuit in court. Many crash claims settle through talks with the insurance company before any suit is filed. Talks don’t stop the clock, though. If a claim does not settle, a lawsuit must still be filed before the deadline.

The deadline keeps running even if you are still in treatment or waiting on test results. That is the main reason to track it early. When people ask how far back they can claim, the answer is generally two years for personal injury claims under W. Va. Code § 55-2-12, and exceptions may apply. It is measured from when the right to sue begins.

When the Two-Year Clock Starts

The statute uses the word “accrues,” which means the point when the claim starts to run.

Delayed symptoms cause a lot of confusion. A brain injury or spinal problem can show up days or weeks after a crash. Treat the crash date as the starting point until someone reviews your facts.

Write down two dates: the crash date and the date you first noticed symptoms. Add the date of your first medical visit too. These dates often come up when someone reviews the timeline. Keep them with your police report and your medical papers.

Government vehicles follow a different rule, which is covered later on this page.

Wrongful Death Claims and Their Deadline

A wrongful death claim in West Virginia generally must be commenced within two years after the death. W. Va. Code § 55-7-6 requires that the action be brought by and in the name of the personal representative of the deceased person, and it also requires that every such action be commenced within two years after the death of such deceased person. 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.”

That means the family’s clock may start on a different date than the crash. A person hurt in a crash may die days or months later. The two-year period for the death claim is measured from the death.

The wrongful death action is brought by the personal representative. That is the person duly appointed to act for the deceased person, as § 55-7-6(a) explains. If an injured person dies, the injury action does not simply end. W. Va. Code § 55-7-8 says the action may be revived in the name of the personal representative.

The injury claim and the wrongful death claim can have different timing issues. Confirm which deadline applies to each one. Family members often face funeral arrangements and grief while the deadline runs. Taking on the timeline is a normal part of this process, and you don’t need every answer at once.

Hit-and-Run Crashes and Unidentified or Uninsured Drivers

When the other driver fled or cannot be found, the two-year deadline still runs (W. Va. Code § 55-2-12). Waiting to identify the driver can put your claim at risk.

Some early steps have shorter clocks of their own. For accidents where the person who caused the crash is unidentified, W. Va. Code § 33-6-31 calls for the insured to report the accident to police or a judicial officer within twenty-four hours after discovering it and being physically able to report, unless police have already investigated the accident. There is an exception if police have already investigated the accident.

If the person who caused the accident is unknown, the same statute requires notice to your insurance company. You must notify the insurer within sixty days after the accident that you have a claim against an unidentified person, and if the insurer asks in writing within five days after receiving that notice, you must make the vehicle you were occupying available for inspection. Include the facts you know.

Your own auto policy may also matter. West Virginia law requires every auto policy to include uninsured motorist coverage, while higher limits and underinsured motorist coverage are optional. That coverage can apply when the at-fault driver has no insurance. Keep the police report number and the insurer’s claim number in one place. A criminal case against the driver is separate from your injury claim.

Commercial Truck and Government Vehicle Crashes

Crashes with commercial trucks often involve more than one party. The law defines an “employer defendant” to include the owner of a commercial motor vehicle, its employer, and others with legal control over it. W. Va. Code § 55-7-32 sets out that definition. Identifying every possible party early matters.

Records are a practical concern. Under 49 C.F.R. § 379.3, companies must keep records for minimum periods. After those periods, records may be destroyed at each company’s discretion, but this does not excuse compliance with any other governmental body’s lawful requirement for longer retention periods.

Federal rules also explain when drug and alcohol testing may be required for commercial drivers, including after a crash.

Claims against a political subdivision, such as a city or county, follow W. Va. Code § 29-12a-6. That statute says these actions must be brought within two years after the cause of action arose or after the injury, death or loss was discovered or reasonably should have been discovered, whichever last occurs, unless a shorter period applies under this code; for a minor who was under ten at the time of injury, the action may instead be commenced before the minor’s twelfth birthday if that provides the longer period. It also uses a discovery test, and it allows a shorter period if another provision sets one. Don’t assume the timing matches a standard crash claim. Check it early.

Situations That Can Change the Deadline

Some legal situations can extend the time to file, but the rules are narrow. An infant or a person who is insane when the right accrues may bring the action within the same number of years allowed to someone without that problem, counted from becoming an adult or sane. W. Va. Code § 55-2-15 reads in part: “If any person to whom the right accrues to bring any personal action other than an action described in subsection (a) of this section, suit, or scire facias, or any bill to repeal a grant, shall be, at the time the same accrues, an infant or insane, the same may be brought within the like number of years after his or her becoming of full age or sane that is allowed to a person having no such impediment to bring the same after the right accrues.” In no case can it be brought more than 20 years after the right accrues.

Subsection (b) of W. Va. Code § 55-2-15 sets out that rule.

A serious brain or spinal cord injury can affect a person’s ability to handle their own affairs. Families sometimes need to act for the injured person. The authority to do that should be checked early, not after the deadline gets close.

Each exception is narrow and tied to specific facts. Don’t rely on one without a review of your own situation.

Dealing With the Insurance Company Before the Deadline

Early talks with an insurer are limited by law for a short period. For 20 days after a personal injury, while the injured person is in the hospital or cannot do usual work, no one may try to negotiate a settlement. W. Va. Code § 55-7-11a sets out that rule.

Under W. Va. Code § 55-7-11a, a settlement, release of liability or statement obtained or made in violation of that section may be disavowed by the injured person at any time within one hundred eighty days from the date of the personal injury by executing a written statement of disavowal and forwarding a copy to the person who violated the section; any consideration paid must be repaid or returned to the person who paid it. Under W. Va. Code § 55-7-11a, a settlement, release of liability or statement entered into, obtained or made in violation of this section may be disavowed by the injured person at any time within one hundred eighty days from the date of the personal injury by executing a written statement of disavowal.

Several common mistakes can hurt a claim. People give a recorded statement before they understand the claim. They guess about their injuries, their speed, or how the crash happened. They sign a release or accept an early payment before the full extent of their injuries is known.

An adjuster works for the insurance company. It is reasonable to ask for time to gather facts before answering detailed questions. Keep copies of every letter, bill, and receipt. Track missed work and medical appointments in a simple written log. Early offers can arrive before the full medical picture is clear, so weigh any offer against both the deadline and your injuries.

Frequently Asked Questions About the Deadline

Why Early Action Helps and How to Take the Next Step

Early steps protect both your timeline and your evidence. Keep the police report number, medical records, photos, and names of witnesses. Identify every party who may be responsible for the crash.

You may be reading this from a hospital bed, a recovery room, or a kitchen table after a funeral. Looking up a deadline in that moment is a reasonable thing to do. You don’t have to have every answer yet.

If a crash hurt you or someone you love, reach out for a free case review. Big Bubba Injury Law can help you understand how the deadline applies to your situation. We serve injury victims across West Virginia, including Charleston, Huntington, Morgantown, Wheeling, Martinsburg, Parkersburg, Beckley, Clarksburg, Fairmont and Weirton.