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West Virginia Car Accidents Questions & Answers
1 Answer | Asked in Products Liability, Car Accidents, Insurance Bad Faith and Juvenile Law for West Virginia on
Q: If i am 17, almost 18 and i allowed a 14 year old to drive on back roads periodically, what trouble would i get into?
Peter N. Munsing
Peter N. Munsing answered on Feb 7, 2020

A citation, possibly loss of use of your vehicle. If you want to teach them do it on private property where there are no other vehicles. It's possible you could also be charged with endangering a minor, which can be a serious problem. Let an adult do the drivers ed.

2 Answers | Asked in Car Accidents for West Virginia on
Q: Vehicle accident not our fault totaled both our cars insurance is not paying enough for both losses what can we do?

A guy hit both me and my husbands parked cars while we were sleeping we didn’t know until we woke up totaled both and the ins company is handling it but not wanting to pay us enough to cover both losses

D. Michael Burke Esq
D. Michael Burke Esq answered on Dec 11, 2019

To fully answer your question, I would need more information. What is the reason the insurance company is "not wanting to pay enough to cover both losses?" Is there not enough insurance? Is the insurance company offering the fair market value (FMV) of the vehicles, but you owe more on... Read more »

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1 Answer | Asked in Car Accidents for West Virginia on
Q: How long do you have to file a claim against someone

Neighbor across the road let a young boy operate an ATV side by side when he parked it in their driveway did not set break ATV rolled out of driveway which is sloped came down road slammed into my car uninsured would not cover because it was in my driveway I have dealt as a good neighbor thinking... Read more »

D. Michael Burke Esq
D. Michael Burke Esq answered on Aug 9, 2019

You have two years from the date of the wreck to file a suit in court.

I cannot tell from your message if two years have passed or not; you wrote "a little of two years has not can i still file . . ."

I would check your auto insurance policy to see what it says about your...
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1 Answer | Asked in Car Accidents for West Virginia on
Q: I was coming around a curve and clipped mirrors with another vehicle on a one lane road with no yellow lines.

The cop didn’t write me a ticket at the scene and only my took my information down. Will I receive a ticket? The cop never said who was at fault.

Peter N. Munsing
Peter N. Munsing answered on Jun 19, 2019

No reason you should--or not. Follow the path of the ancient sage, Lei Lo

Seriously, if you get a citation, plead not guilty if you think you were on your side of the imaginary center line. Do not give a statement to the other person's insurance if they call. They'll sound all...
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1 Answer | Asked in DUI / DWI and Car Accidents for West Virginia on
Q: I just got a 2nd Driving on a suspended and have to appear in five days am I going to go to jail for this
Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2018

unlikely but you can get sequential suspensions of your permit. Some judges will figure you didn't get the message and yes, you could do time.

1 Answer | Asked in Car Accidents and Criminal Law for West Virginia on
Q: Today in wv I was in a car accident...failure to maintain control, and 2nd offense driving on a suspended. Can I go to

JaiL when I go to plead before the magistrate?

D. Michael Burke Esq
D. Michael Burke Esq answered on Aug 23, 2018

Your question is out of my area of practice, but I believe that if you enter a not guilty plea, bail will be set. If you don't pay the bail, you will likely be held until you do make bail. If you plead guilty or are found guilty at trial, it's possible that you would be sentenced to jail.... Read more »

1 Answer | Asked in Personal Injury and Car Accidents for West Virginia on
Q: Does the fact that the police didn't cite me help determining liability for my car accident?
D. Michael Burke Esq
D. Michael Burke Esq answered on Jul 27, 2018

Not necessarily. If the the other driver was cited, an insurance company would likely determine that the other driver was at fault. If neither driver was charged, then the insurance companies will look to other factors. In many cases, though, the investigating officer gets it wrong, and cites a... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for West Virginia on
Q: I was in an accident which I was in the process of being towed the tow truck driver ask me to sit in my truck and

Release the breaks and I was hit hooked to the truck. Do I have a claim against the tow truck company also?

D. Michael Burke Esq
D. Michael Burke Esq answered on May 7, 2018

Possibly, but the far better case against the driver who hit your car while you were being towed (if I fully understand your situation). In any event, you cannot collect twice for the same injury or damage; I would pursue a claim against the tow truck company only if the at-fault driver did not... Read more »

1 Answer | Asked in Car Accidents, Consumer Law and Lemon Law for West Virginia on
Q: I am trying to find info. on a class action lawsuit vs. Ford Motor Company re. unintended acceleration filed in 2015.

A long list of vehicles thought to have this defect was attached to the lawsuit, my 2009 Lincoln MKS being one of them. A local Dealer could not pinpoint the problem and claimed there were no recalls or service bulletins on file about the issue. I haven't been able to find which District... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 16, 2018

Contact the center for Auto Safety in Washington DC.

1 Answer | Asked in Car Accidents for West Virginia on
Q: I need to ask....a few weeks back i received damage to car from the town I live around because a water worker did not

cones or signs of any kind out to warn of a pole he stuck in a water meter type whole..how do I go about getting my out of pocket back for this damage to my car for the deductable and the rental

D. Michael Burke Esq
D. Michael Burke Esq answered on Apr 8, 2018

You should talk with a local attorney who could advise you. If you have comprehensive coverage on your own auto insurance policy, you should turn it in to your company, and it sounds like you have already done so. You should also contact the town to see if there is anything it would do to help you... Read more »

1 Answer | Asked in Insurance Bad Faith, Car Accidents and Consumer Law for West Virginia on
Q: Do insurance companies have to sell you full coverage insurance if there is a lein on the car(still owe money to a bank)

Was in an accident,filed a claim only to find out the insurance company said i only have liability insurance,there is a lein on the car.i never dreamed they wouldnt sell me full coverage with a lein

Peter N. Munsing
Peter N. Munsing answered on Dec 26, 2017

The lien company may require it but the insurance agent asks what you want, you may have said "the cheapest," and that's what you have. I'm not aware of any state that requires that you have collision coverage. Your bank would normally require it, but if you ask your agent for... Read more »

1 Answer | Asked in Car Accidents and Traffic Tickets for West Virginia on
Q: In WV is it legal to drive over a sidewalk with a yellow line to park in a parking place?
D. Michael Burke Esq
D. Michael Burke Esq answered on Dec 12, 2017

Probably not, but it is difficult to say because I don't have enough information. Did the driver drive clear across the sidewalk to reach an empty parking space in a parking lot? Or did the driver inadvertently drive one tire over the edge of a curb while parallel parking? Without more facts,... Read more »

1 Answer | Asked in Personal Injury and Car Accidents for West Virginia on
Q: If I hit a jaywalker and I still at fault?
D. Michael Burke Esq
D. Michael Burke Esq answered on Sep 29, 2017

It depends. If your fault as the driver is greater than the jaywalker, you can be responsible for your percentage of the total fault. For example, if you are speeding through downtown Morgantown near the WVU campus when students are everywhere, and you hit one because you are in a hurry, you would... Read more »

2 Answers | Asked in Car Accidents for West Virginia on
Q: I want to sue for punitive damages for a car accident do I just go to my local court and file a law suite.

Do I fIle that against the insurance company and the insurer.

Peter N. Munsing
Peter N. Munsing answered on Jun 22, 2017

If you are suing for damages for injury you only get punitive damages if defendant was dui. The fact his company act like jerks is not on them. However it's possible under some situations you may have an unfair insurance claims handling case. These are very technical. Get a free consult from a... Read more »

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1 Answer | Asked in Car Accidents for West Virginia on
Q: I want to sue an insurance company and insurer for punitive damages do I do that through my local Court
Peter N. Munsing
Peter N. Munsing answered on Jun 22, 2017

Those cases are very technical. If the insurer is out of state you may sue in State or Federal Court. Why not contact a member of the WVaTrial Lawyers Assn who handles "bad faith" cases and see what they say?

1 Answer | Asked in Car Accidents and Consumer Law for West Virginia on
Q: I cosigned for my adult son a new car. He is now allowing his unliscensed teenage son to drive!! what can i do?

I called the bank and ask how to get my name off loan and title, My son would have to refinance, he does not qualify.

Peter N. Munsing
Peter N. Munsing answered on Jul 30, 2016

Make sure your son has adequate collision to cover the loan value of the car at all times.Point out to him it's bad for his rates and bad for the kid. Kid can get a permit then do the driving.Getting your name off a cosigned loan is tough unless you can get someone the bank will accept to sign... Read more »

1 Answer | Asked in Car Accidents for West Virginia on
Q: What could happen if pull away from an accident with no apparent damage and before the police arrive
Adam Studnicki
Adam Studnicki answered on Nov 13, 2015

Hit and run is a crime in most states. Check with a local lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible...
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1 Answer | Asked in Car Accidents for West Virginia on
Q: A vehicle tried to denied me right of way when passing, and it almost caused a head on collision. What can be done?
Adam Studnicki
Adam Studnicki answered on Jul 25, 2015

Generally speaking: No accident = no injury = no viable claim. A local lawyer can confirm based on W VA laws. You can try to report them to the police.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is...
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