Brain Injury After a Car Accident? Find Out What Insurance May Cover

After a car accident in West Virginia, the at-fault driver’s insurance policy usually sets the first limit on what the insurer will pay. A brain injury can push the real losses well past that limit. This guide explains how insurance policy limits work, why brain injuries strain them, and what other coverage to check. It also covers the early steps and deadlines that protect your claim.

What Insurance Policy Limits Mean After a West Virginia Car Crash

A policy limit is the most an insurer will pay under its policy for a covered loss. It is a ceiling. It is not a measure of what an injury is worth.

Auto liability coverage is split into separate buckets:

• Bodily injury, per person: the most paid for one injured person.
• Bodily injury, per accident: the most paid for everyone hurt in one crash.
• Property damage: the most paid for damage to other people’s property, such as their vehicle.

A single injured person hits the per-person limit first. When several people are hurt, the per-accident limit is the total they share. Property damage is a separate bucket and does not raise the injury limits.

West Virginia sets minimum amounts. Under W. Va. Code § 17d-4-2, the minimums since January 1, 2016 are $25,000 for one person, $50,000 for two or more people in one accident, and $25,000 for property damage. Some drivers carry only these minimums. A driver can meet the minimum and still be legally insured. That is why a serious injury can exceed what that policy pays.

Why a Brain Injury Can Strain Policy Limits

A brain injury can strain policy limits because its losses often build over time. Some symptoms do not show up right away. Headaches, memory problems, dizziness, and trouble concentrating can appear hours or days after a crash. A normal early scan does not always settle the question. Follow-up care and a clear symptom record matter.

Losses often add up across several areas:

• Emergency care and hospital stays
• Imaging, visits with other doctors, and neurology follow-up
• Neuropsychological testing to measure thinking and memory
• Rehabilitation, speech therapy, and cognitive therapy
• Medications and medical equipment
• Ongoing care for symptoms that last

When symptoms affect work, lost pay and reduced earning ability can follow. Missed shifts add up fast. Some brain injuries bring long-term care needs. When care lasts for years, a minimum policy can fall short. For people whose disability keeps them from working, the Social Security Administration describes federal disability benefits, including work history rules and monthly payments.

Other Coverage Sources to Check Beyond the At-Fault Driver’s Policy

The at-fault driver’s policy is often not the only coverage that may apply.

• A vehicle counts as underinsured when its liability limits are below your UIM limits, or have been reduced by payments to others hurt in the same crash.
• Household policies. Policies held by family members who live with you may apply, based on the policy wording.
• Commercial truck and vehicle policies. Commercial policies can carry different limits than personal auto policies. The federal schedule in 49 C.F.R. § 387.9 sets a $750,000 minimum for for-hire carriers of nonhazardous property in interstate or foreign commerce, at a weight of 10,001 pounds or more.
• Commercial damages limits. For crashes after July 1, 2024, W. Va. Code § 55-7-32 sets a $5 million per-occurrence limit on noneconomic damages recoverable from an employer defendant in certain commercial vehicle cases. Beginning January 1, 2026, that limit increases each year to account for inflation, up to 150 percent of the stated amount. That cap requires at least $3 million in commercial vehicle insurance. This section does not apply if the civil action involving a commercial motor vehicle arises from an incident for which an operator or driver is found to have one of the conditions listed in subsection (d) of W. Va. Code § 55-7-32.
• Work driving and umbrella policies. Driving for an employer can add more parties and coverage. Some drivers also carry umbrella policies above their auto coverage. Whether one applies depends on its wording.

The vehicle type, the trip’s purpose, and who owned the vehicle all shape which policies may apply.

Protecting Your Claim: Early Steps and Timing

Early steps matter for your health and your claim. State law also limits early settlement talks.

• Get checked promptly. Get a medical evaluation after any head impact or new symptom. Keep every follow-up visit.
• Keep a symptom journal. Note headaches, sleep, mood, concentration, and tasks that have become harder.
• Track lost work. Keep records of missed shifts, reduced hours, pay stubs, and letters from your employer.
• Be careful with recorded statements. Before you give a recorded statement or sign a release, understand what is being asked and how the answer may be used. Describe symptoms accurately. Don’t guess about speed, distance, or injuries.
• Know the twenty-day rule. For 20 days after a personal injury, while you are a hospital inpatient or unable to do your usual work, no one may negotiate a settlement with you. The same applies to getting a release or a statement for settlement, with exceptions. Under West Virginia law, 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 and forwarding a copy of it to the person who violated this section (W. Va. Code § 55-7-11a). The settlement, release or statement is then not admissible in evidence in any proceeding relating to the injury, if any consideration paid for it is repaid or returned. See W. Va. Code § 55-7-11a.
• Know the filing deadlines. Under W. Va. Code § 55-2-12, a personal injury action generally must be brought within two years. Under W. Va. Code § 55-7-6, a wrongful death action shall 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.” Insurance claim timelines are separate.

How a Policy-Limits Brain Injury Claim Typically Moves Forward

A typical claim moves through five stages, from gathering facts to deciding whether a lawsuit is needed.

1. Free case review. You share the crash facts, policy information, and medical history. There is no obligation to continue.
2. Records. Police reports, medical records, bills, and wage documents are gathered. Every policy that may apply is identified.
3. Limits check. The team compares documented losses with the available limits. It also weighs whether UIM or other coverage should be pursued.
4. Written demand. A written demand goes to the insurer, followed by negotiation. Requests for policy information may be part of this step.
5. Lawsuit, if needed. If a fair resolution is not reached, a lawsuit is filed within the deadline. In a wrongful death case, the personal representative of the estate brings the action, under W. Va. Code § 55-7-6. Discovery, possible mediation, and trial preparation follow.

How long each stage takes depends on the facts of your case. Treatment needs and how fast records arrive both play a role.

Common Questions About Policy Limits and Brain Injury Claims

Most questions come down to what other coverage exists and how fault is shared.

Talk Through Your Situation at a Free Case Review

A free case review is a good next step if you want to know which policies may apply to a brain injury. You may be managing headaches, appointments, paperwork, and insurance calls all at once. Trying to understand what the policy actually pays can feel like one more weight.

In a free case review, the firm can look at:

• The crash facts and who was involved
• The policies that may apply, including your own
• The medical picture and symptom timeline
• The questions you have about the next steps

The review is free and carries no obligation to continue. The firm serves injury victims across West Virginia, including Charleston, Huntington, Morgantown, Wheeling, Beckley, and Clarksburg. A family member can reach out on your behalf. You can tell Bubba what happened through the firm’s contact form.