WEST VIRGINIA AUTO INSURANCE GUIDE

West Virginia Modified Comparative Fault, Several Liability & the Greater-Than-50% Bar

West Virginia follows modified comparative fault. A claimant whose fault is greater than the combined fault of all other responsible persons may be barred from recovery; otherwise damages are reduced in proportion to assigned fault. This guide will also address several liability, statutory exceptions, nonparty fault, and allocation issues.

Publication review note — September 17, 2026. Verify current §§55-7-13a through 55-7-13d, statutory exceptions, verdict allocation rules, and controlling decisions before publication.