West Virginia Uninsured and Underinsured Motorist Claims

By J. Brandon Shumaker and J. Tyler Slavey  ·  Slavey & Shumaker PLLC  ·  Morgantown, WV  ·  Last updated November 9, 2026

Quick Answer: If the driver who hurt you has no insurance, cannot be identified or does not carry enough insurance, your own auto policy may pay the difference. Every West Virginia auto policy must include uninsured motorist (UM) coverage, and insurers must offer underinsured motorist (UIM) coverage (W. Va. Code § 33-6-31(b)). UIM coverage applies when the at-fault driver’s available liability insurance is less than your total damages (Syl. Pt. 5, Pristavec v. Westfield Insurance Co., 184 W. Va. 331, 400 S.E.2d 575 (1990)). Hit and run claims have strict reporting deadlines (§ 33-6-31(e)). Slavey & Shumaker PLLC represents injured people throughout the State of West Virginia, including Monongalia, Preston, Marion and Harrison Counties. The consultation is free, and you pay no fee unless we recover. Call (304) 212-5791.

Many drivers on West Virginia roads carry only the minimum insurance the law requires, and some carry none at all. After a serious crash, the at-fault driver’s policy may run out long before the medical bills and lost wages do. In those cases, the coverage that matters most may be on your own policy.

Slavey & Shumaker PLLC helps people throughout the State of West Virginia, including Monongalia, Preston, Marion and Harrison Counties pursue uninsured and underinsured motorist claims, including claims after hit and run crashes. For more about crash cases generally, see our car accident lawyers page.

1. What UM and UIM Coverage Are

CoverageWhat it doesAuthority
Uninsured motorist (UM)Pays what you are legally entitled to recover from an uninsured driver. Required in every West Virginia auto liability policy, with limits no less than the state minimums§ 33-6-31(b)
Underinsured motorist (UIM)Pays damages the at-fault driver’s available liability coverage does not, up to your UIM limits. Insurers must offer it, and it applies only if you selected it§ 33-6-31(b); W. Va. Code R. § 114-63-5.1

The minimum liability limits under West Virginia’s financial responsibility law are $25,000 for bodily injury to one person, $50,000 for bodily injury to two or more people, and $25,000 for property damage in any one accident (W. Va. Code § 17D-4-2(b)). Insurers must also offer UM limits of up to $100,000 per person, $300,000 per accident and $50,000 for property damage, and must offer UM and UIM coverage up to the liability limits you purchased (§ 33-6-31(b)).

2. Uninsured Motorist Coverage

A vehicle is “uninsured” under the statute in several situations (§ 33-6-31(c), (j)):

  • The vehicle has no bodily injury and property damage liability insurance in the minimum amounts
  • There is insurance, but the insurer denies coverage
  • The owner or operator is unknown, subject to the conditions the statute sets for hit and run claims
  • The at-fault driver’s insurer is insolvent or in receivership, making the policy uncollectible in whole or in part

3. Underinsured Motorist Coverage

Underinsured motorist coverage protects you when the at-fault driver has insurance, but not enough. Under West Virginia law:

  • Underinsured motorist (UIM) coverage. Insurers must offer UIM coverage as an option, and it applies only if you selected it (§ 33-6-31(b); W. Va. Code R. § 114-63-5.1). UIM coverage applies when the at-fault driver’s liability insurance actually available to you is less than your total damages, regardless of how those liability limits compare to your UIM limits (Syl. Pt. 5, Pristavec v. Westfield Insurance Co., 184 W. Va. 331, 400 S.E.2d 575 (1990); W. Va. Code R. § 114-63-2.2). UIM coverage then pays the damages that the at-fault driver’s available liability coverage does not, up to your UIM limits (State Automobile Mutual Insurance Co. v. Youler, 183 W. Va. 556, 396 S.E.2d 737 (1990)). Amounts payable under UIM coverage may not be reduced by payments made under your policy or any other policy (§ 33-6-31(b); W. Va. Code R. § 114-63-5.2).

That means the question is not whether the other driver’s limits are lower than yours. The question is whether the coverage actually available from the at-fault driver is enough to pay your full damages.

4. Hit and Run Crashes

A driver whose identity is unknown is treated as uninsured, but you must meet the statute’s conditions to recover under your UM coverage (§ 33-6-31(c), (e)):

1Report within 24 hours

Within 24 hours after discovering the accident, and being physically able to do so, you or someone on your behalf must report it to a police, peace or judicial officer, unless a police officer has already investigated it.

2Notify your insurer within 60 days

Notify your insurance company within 60 days that you have a claim against a person whose identity is unknown, with the facts supporting it. If the insurer asks in writing within five days, make the vehicle you were in available for inspection.

3Show a hit and run with physical contact

At trial, you must establish that the unknown vehicle was a “hit and run” motor vehicle, which the statute defines by physical contact with you, your vehicle or your property.

4Sue as “John Doe”

The lawsuit may be brought against the unknown driver as “John Doe,” with service on your insurer as though it were a party. If the driver is identified later, you can still bring an action against that person (§ 33-6-31(e), (f)).

These deadlines are short. If you were hit by a driver who left the scene, report it right away and talk with a lawyer before the 60-day notice period runs out.

Hit by an Uninsured or Hit and Run Driver?

We can review your policy and the deadlines that apply at no cost. Telephone consultations are available.

Call (304) 212-5791

5. Who Is Covered

UM and UIM coverage can protect more people than the person named on the policy. The statute defines “insured” to include the named insured and, while residents of the same household, the spouse and relatives of either, “while in a motor vehicle or otherwise” (§ 33-6-31(c)). It also includes anyone using the insured vehicle with the named insured’s consent. Depending on the policy language, this can mean coverage when you are injured as a pedestrian, on a bicycle or as a passenger in someone else’s car. See our bicycle accident and pedestrian accident pages.

6. How a UM or UIM Claim Works

1Establish fault and damages

A UM or UIM claim generally requires the same proof as a claim against the at-fault driver: that the other driver was negligent and what your damages are. You can recover as long as your share of fault is not greater than the combined fault of everyone else responsible, and your recovery is reduced by your percentage of fault (W. Va. Code § 55-7-13c(c)).

2Serve your insurer if you sue

If you file suit against an uninsured or underinsured driver and intend to rely on your UM or UIM coverage, a copy of the summons and complaint must be served on your insurance company as though it were a named defendant (§ 33-6-31(d)).

3Coordinate with the liability claim

In a UIM case, the at-fault driver’s liability coverage is resolved along with your claim against your own policy. Settling with the at-fault driver without addressing your UIM rights can create problems, so get advice before signing a release.

4Watch the deadlines

Most personal injury lawsuits must be filed within two years after the right to sue accrues (W. Va. Code § 55-2-12(b)). Claims involving children and government bodies have their own rules; see our statute of limitations guide.

7. Dealing With Your Own Insurance Company

In a UM or UIM claim, your own insurer stands in the shoes of the other driver and may dispute fault, causation and damages. The statute protects policyholders in several ways: UM and UIM endorsements may not require arbitration, may not require anything of the insured except establishing legal liability, and may not restrict you from hiring a lawyer or filing suit (§ 33-6-31(g)). Payments under UIM coverage may not be reduced by payments made under your policy or any other policy (§ 33-6-31(b)).

8. Why Choose Slavey & Shumaker PLLC

Our attorneys, J. Tyler Slavey, J. Brandon Shumaker, Scott B. Harris and Kasey Libby, review every policy that may apply, including your own, your household’s and the vehicle you were in, and pursue every available source of coverage. No lawyer can guarantee a result. You can read what past clients say in our more than 100 Google reviews.

9. Frequently Asked Questions About UM and UIM Claims

What is uninsured motorist coverage in West Virginia?
Every auto liability policy issued in West Virginia must include uninsured motorist (UM) coverage that pays what you are legally entitled to recover from an uninsured driver, within limits no less than the state minimums. Insurers must also offer higher UM limits as an option (W. Va. Code § 33-6-31(b)).
When does underinsured motorist coverage apply?
If you selected underinsured motorist (UIM) coverage, it applies when the at-fault driver's liability insurance actually available to you is less than your total damages, regardless of how those limits compare to your UIM limits (Syl. Pt. 5, Pristavec v. Westfield Insurance Co., 184 W. Va. 331, 400 S.E.2d 575 (1990)).
What if I was hit by a driver who fled the scene?
A driver whose identity is unknown is treated as uninsured, but the statute sets conditions: report the accident to police or a judicial officer within 24 hours of discovering it (if physically able and not already investigated by police), notify your insurer within 60 days, and establish at trial that the unknown vehicle was a hit and run vehicle involving physical contact (W. Va. Code § 33-6-31(c), (e)).
Does UM or UIM coverage apply if I was walking or riding a bicycle?
It can. The statute defines "insured" to include the named insured and, while residents of the same household, the spouse and relatives of either, "while in a motor vehicle or otherwise" (W. Va. Code § 33-6-31(c)). Your own policy may apply even though you were not in a car.
Can my insurance company make me arbitrate a UM or UIM claim?
The statute says UM and UIM endorsements may not require arbitration, may not require anything of the insured except establishing legal liability, and may not restrict the insured from hiring a lawyer or filing suit (W. Va. Code § 33-6-31(g)).
Will my UIM benefits be reduced by other payments?
The statute provides that no sums payable as a result of underinsured motorists' coverage may be reduced by payments made under the insured's policy or any other policy (W. Va. Code § 33-6-31(b)).

Talk With a West Virginia Uninsured Motorist Claim Lawyer

Slavey & Shumaker PLLC, 174 Chancery Row, Morgantown. Serving clients throughout the State of West Virginia, including Monongalia, Preston, Marion and Harrison Counties. The consultation is free, telephone consultations are available, and you pay no fee unless we recover.

Call (304) 212-5791

This page is provided for general informational purposes about West Virginia law and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, and past results do not guarantee a similar outcome.