West Virginia Car Insurance Requirements: Minimums, Fault Rules & Penalties

West Virginia stands out from many neighboring states by mandating not only liability coverage but also uninsured motorist protection at the same minimum levels. This dual requirement reflects a practical reality: a meaningful share of drivers on the road at any given time carry no insurance, and UM coverage ensures that an injured driver has access to compensation even when the at-fault party cannot pay. Building a policy around West Virginia's complete requirements — not just the liability floor — is the right starting point.

Minimum liability requirements

Coverage type	Minimum required
Bodily injury per person	$25,000
Bodily injury per accident	$50,000
Property damage per accident	$25,000
Uninsured motorist BI per person	$25,000
Uninsured motorist BI per accident	$50,000
Uninsured motorist property damage	$25,000

West Virginia requires uninsured motorist (UM) coverage at the same 25/50/25 split as basic liability. UM bodily injury coverage pays your medical expenses and related costs when an at-fault driver has no insurance. UM property damage coverage reimburses your vehicle repair costs in the same situation, often without a deductible. Drivers who want additional protection against at-fault drivers with inadequate coverage should consider adding underinsured motorist (UIM) coverage, which is available but not mandated. See the coverage types guide on AIS to understand how UM and UIM work together.

Proof of insurance must be carried in the vehicle at all times and produced on request.

Fault system

West Virginia is an at-fault state. The driver responsible for a collision bears financial liability for the injuries and property damage the other party sustains, paid through their liability coverage.

West Virginia uses modified comparative fault with a 51% bar. You may seek compensation from an at-fault driver provided your own share of fault does not exceed 50%. If your fault is determined to be 51% or more, you are barred from any recovery. When fault is shared at 50% or below, your award is reduced proportionally. A driver found 30% at fault with $70,000 in losses would recover $49,000.

The modified comparative fault standard means that fault allocation in multi-vehicle crashes has direct financial consequences. Collecting evidence at the scene — photographs, witness contact information, and a police report — strengthens your position if liability is later disputed.

SR-22 requirements

An SR-22 is a certificate of financial responsibility filed by your insurer with the West Virginia Division of Motor Vehicles. It confirms that your active policy meets at least the state minimum liability requirements. The SR-22 is an endorsement or attachment to an existing policy, not a standalone product.

An SR-22 is required following:

• A DUI or DWI conviction
• A reckless driving conviction
• An at-fault accident while driving without insurance

The filing obligation runs for three years from the date the requirement takes effect. If your policy cancels or lapses at any point during that window, your insurer must notify the WV DMV and your license will be suspended. Coverage must remain uninterrupted for the full three years.

Penalties for driving without insurance

West Virginia takes insurance compliance seriously, with a penalty structure that scales with repeat offenses. Enforcement occurs through traffic stops, registration renewals, and post-accident investigations.

First offense:

• Fine of $200 to $5,000
• Driver's license suspended for up to 30 days
• Vehicle registration revoked
• $100 reinstatement fee required before license and registration are restored

Second and subsequent offenses:

• Driver's license suspended for 90 days
• Higher fines within the $200 to $5,000 range
• Continued registration revocation until compliance is established

Drivers who cause accidents while uninsured face civil liability for all resulting damages in addition to these administrative penalties. The combination of fines, reinstatement fees, and the SR-22 requirement that often follows an uninsured accident adds up quickly. Maintaining continuous coverage costs less than a single enforcement action. Request a quote through AIS to find a policy that covers West Virginia's full minimum requirements.