As we go through life, we are followed by records, starting with our report cards in school. You generate financial records when you go to work and begin to pay taxes. Those records also include your credit history. Of course, once you start driving, you create a whole new set of records that include any violations and accidents you have here in West Virginia as well as any other state. Those records are tied to your insurance policy, too. How long does an accident stay on your car insurance record?
Insurance Company Decisions
Every insurance carrier sets its own premiums and determines what type of coverage it provides. They also establish what impact an accident has on your insurance. Most accidents will stay on your insurance record for three to five years. Where within that range it falls depends on the insurance carrier and the accident.
Many insurance companies take their cue from the West Virginia Division of Motor Vehicles and its point system. Points are assessed for traffic violations and stay on your state driving record for two years. However, the actual infraction stays on your record for five years. For instance, if you get two points for speeding, they will drop off after two years, but anyone else looking up your driving record will see that speeding violation for another three years.
Additionally, the more points a driver accumulates, the more likely their license could be suspended. Here’s what that looks like:
Points Accumulated Suspension Time
12-13 30 Days
14-15 45 Days
16-17 60 Days
18-19 90 Days
20+ points 120 Days
DUI Consequences
One traffic violation that insurance companies are serious about is a driving under the influence (DUI) conviction. Those could stay on your insurance record for up to five years. A DUI incident can directly impact your insurance premium, as can other accidents and traffic violations. Some companies might raise the rate of DUI drivers by as much as 120%.
West Virginia Insurance Requirements
One of the reasons that your insurance record matters is that West Virginia law requires “all registered vehicles to be insured and proof of insurance be carried in your vehicle at all times.”
The following is the minimum amount of coverage required for West Virginia drivers:
- $25,000 for one crash, one injury
- $50,000 for one crash, two or more injuries
- $25,000 for property damage
Drivers are also required to keep proof of insurance in their vehicles and keep their addresses current with the West Virginia Division of Motor Vehicles (DMV).
How Determining Fault Impacts Your Records
West Virginia is an at-fault state. That means the driver who is at fault in an accident is obligated to pay for any damages that result from the accident. Typically, those payments will come from the at-fault party’s insurance company. Of course, that only works if the insurance company agrees with you or your attorney’s liability determination. This is where the issue of comparative fault comes into play.
Even though West Virginia is an at-fault state, it allows for both drivers involved in an accident to share fault. When both drivers are found to be potentially at fault, the final compensation will reflect that. In these matters, the fault is assigned as a percentage. Our state subscribes to the modified comparative fault doctrine, which means that you can recover compensation for your damages so long as you’re less than 50% at fault for what happened.
Determining fault is not something that the two drivers can resolve. Even if one driver is clearly at fault because they were speeding or running a red light, it doesn’t mean they will admit to that fault. A police officer called to the scene could issue a citation and write a report, which could be used to assist with fault determinations.
Establishing who is at fault is the kind of evidence that can eventually support your claim for compensation. That is the exact type of support that the Forbes Law Offices can provide. We provide our clients with the full support of our legal team to help file an insurance claim or see their personal injury lawsuit through until they recover a fair remedy.
If you’ve been involved in a severe car accident, you should talk to someone at our firm about your next move. Call to set up a free consultation today.
