Legal Question in Personal Injury in West Virginia
no passenger insurance
I was in a car accident a few months ago. I was the passenger and a deer was in the road, the driver did not see it so I kind of pushed the steering wheel in order to miss it and we ended up in a ditch. I got hurt, getting 20 stitches in my face. I now have a huge scar on my cheek. This has caused me alot of emotional stress. I talked with his insurace company and they said he had insurance but not on his passenger. Apparently this is allowed in West Virginia. I did not get anything, no medical bills paid nothing. They said my friend was not negligent because I pushed the steering wheel. Am I entitled to anything
2 Answers from Attorneys
Re: no passenger insurance
You may definitely have a legitimate legal claim for damages, and therefore, need to retain an attorney as soon as possible for a detailed evaluation of your case.
The fact that the insurance company told you that you do not have a claim is certainly not the last word on the subject. The insurance company is trying to minimize the amount of money, if any, that it may have to pay. They do not represent you or your interests. The fact that you may have pushed the steering wheel also does not necessarily mean you do not have a valid claim.
Since you have a permanent scar, you need to contact an attorney for a consultation immediately.
I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:
(973)-605-8995
[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]
Re: no passenger insurance
You may well have a claim against the driver, and if s/he does not have sufficient insurance, you may well have a claim under the uninsured/underinsured motorist coverage of your own policy if you have one. You should consult with competent personal injury counsel. While you may have been negligent (contributorily negligent) in causing the accident by grabbing the wheel, that may have prevented a more serious accident caused by the driver's negligence in failing to pay attention. In WV, unlike MD, contributory negligence is not an absolute defense, but just reduces your award. We handle this type of matter (we're not admitted in WV, but work with co-counsel if we have to file in court), so feel free to contact us at either our Cumberland or McLean, VA offices (McLean is 703-734-3800).
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
