West Virginia Car Accident Reporting Requirements
Car accidents can be extremely stressful. Many times, you might not know what steps to take next to recover damages. Before filing any type of claim, you want to make sure that all the legal requirements are met, especially when making a report of the incident. But what are the West Virginia car accident reporting requirements?
The state does have guidelines about when drivers should report accidents on the road. Let’s look at when you need to make a report and why staying on the right side of the law can protect you if things get complicated later.
Do You Have to Report Every Accident in West Virginia?
Not all car accidents require you to call the police or file a report. However, West Virginia law does mandate when certain situations require reporting an accident to police or other law enforcement agencies.
You will need to report a car crash if:
Someone Is Hurt or Killed
If anyone involved in the accident is injured or, tragically, killed, you are legally required to report it right away. Anyone who complains of pain or seeks medical attention is considered injured. In these cases, you will need to report the incident.
The Damage Is Substantial
In the event that the property damage from the accident totals $1,000 or more, then you will need to report it. While it might be hard to estimate the damage at the scene, you might want to err on the side of caution and notify the authorities in any accident that involves visible damage to any vehicles. Keep in mind that repair costs add up quickly. Even minor damage could eventually cross that $1,000 threshold.
It Was a Hit and Run Incident
If another driver leaves the scene of the accident without stopping, you must file a report. You might not know the driver’s identity, but by reporting it, you create an official record of the incident that can include the a description of the car, driver and license plate. That can help law enforcement track down the responsible party. Hopefully, they can connect someone to the incident and hold them accountable for their actions.
What Happens If You Don’t Report an Accident?
How will law enforcement know about the car accident if you don’t report the incident? You might think that not making a report can resolve any consequences of the crash, but that is not true.
Under West Virginia law, not reporting could lead to consequences such as fines, a suspended license, or even criminal charges. Not reporting could also hurt your ability to file an insurance claim or protect yourself if the other driver makes accusations against you.
Do Minor Accidents Need to be Reported?
If nobody is hurt and the total property damage is under $1,000, you are not legally required to report the accident to the police. In these situations, you and the other driver can exchange information and handle things through your insurance companies.
However, it is still a good idea to report the accident anyway. Some of these reasons include:
Hidden damage: What looks like minor damage at first glance could turn out to be much more expensive to fix.
- Delayed injuries: Injuries like whiplash or back pain might not show up immediately. A police report can help if you need to file a claim later.
- Disputes: A police report creates an official record of the accident. This can be valuable if the other driver changes their story down the line.
How to Report a Car Crash in West Virginia
If you have been involved in an accident and need to report the crash, here’s what you should do.
Call 911 immediately for any injuries. Not only will an ambulance be sent to the scene, but a law enforcement officer can also make an official report of the incident. If there are no life-threatening injuries, you can often exchange information with the other driver and make a report later.
In some cases, you may also need to file a written accident report with the West Virginia Division of Motor Vehicles (DMV). If law enforcement doesn’t investigate the accident, you must report it within five days to this agency.
Reporting an Accident Keeps You Covered
If you’re unsure whether an accident needs to be reported, erring on the side of caution is your best bet. Contacting the police does not mean someone will get a ticket or face legal trouble, but it can make sure that the incident is properly documented.
Accidents are unpredictable, and your emotions can run high in the moment’s stress. Knowing the West Virginia Car accident reporting requirements allows you to make decisions that protect your rights and responsibilities.
If you have been involved in a car crash and want to take the next step, Hendrickson & Long, PLLC, is available to discuss your case.