This form is a sample complaint for use in claim involving an automobile accident.
West Virginia Complaint regarding Auto Accident (Driver vs Driver)
State:
Multi-State
Control #:
US-PI-0035
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint Regarding Auto Accident (Driver Vs Driver)?
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FAQ
In West Virginia, the general rule for recovering under the theory of strict liability is that an injured person may recover if he or she was injured by a product that is not reasonably safe for its intended use. Also, Under West Virginia law, it's no excuse that other manufacturers are making similar products.
In West Virginia, negligence laws allow victims to recover damages if they are less than 50 percent at fault for the accident. Again, amount of recovery is proportionate to the amount of fault they hold ? an individual with 49 percent fault can recover 51 percent of his or her damages.
No, West Virginia is not a no-fault state for auto insurance. West Virginia is an "at-fault" or "tort" state, which means the person who is at fault for a car accident is responsible for paying for other people's injuries and property damage resulting from the accident.
The driver of a vehicle involved in a crash resulting in injury to or death of any person or total property damage to an apparent extent of $1,000 or more shall immediately by the quickest means of communication, give notice of such crash to the local police department if such crash occurs within a municipality, ...
If a person breaches the standard that applies to them and their actions cause harm to another person, they will be liable for negligence. The standard of care usually revolves around the concept of the reasonable person standard: whether someone acted with care as the average person would have in those circumstances.
Under West Virginia's comparative negligence laws, an injury victim who is 50% or less at fault for an accident can recover compensation for their injuries. Their total amount of damages will then be reduced by the percentage that they were to blame for the accident.
The driver of any vehicle involved in a crash resulting only in damage to fixtures or other property legally upon or adjacent to a highway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of his or her name and address and of the registration number of the ...
Some states follow a more enlightened version of the fault law called "comparative negligence." Alas, Virginia still chooses what is known as the "pure contributory negligence rule." That means the other person has to be 100 percent at fault or you can't collect any monetary damages.