Legal Question in Civil Litigation in West Virginia

Car accident

My wife was hit by another person and we were just notified that our car was totalled. She was not injured but we found out again that the person who hit us, had an insurance lapse, so no coverage. Our insurance company covered us under the uninsured coverage we have. They live in West Virginia and we live in Virginia. Since this effects my wife getting to work, etc... what recourse do we have?


Asked on 9/27/06, 9:53 pm

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

Re: Car accident

Your UM coverage should pay for the value of the car (including paying off the loan owed on it, if any, with the balance if any paid to you), and you can use the proceeds, if any, to buy a new car. Your insurance company will also pay for any personal injury (medical expense, pain and suffering). This is exactly the same as if the other driver had coverage, except for which insurance company pays.

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Answered on 9/28/06, 9:35 am


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