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Automobile Insurance Subrogation: In All 50 States - Hardcover
Automobile Insurance Subrogation: In All 50 States - Electronic
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§ 4.49 WEST VIRGINIA
§ 4.49[1] Subrogation Rights
West Virginia recognizes both the equitable and contractual rights
of subrogation.1 However, these rights are subject to the Made Whole
Doctrine, as set forth below. This equitable right of subrogation may
be modified or extinguished through express contractual language.2
Insurance carriers may also avail themselves of the right of
reimbursement in West Virginia.3 However, an insurer cannot rely on
a subrogation clause in its policy to receive reimbursement from its
own insured after a settlement with a tortfeasor.4 An insurer may not
seek subrogation of medical payments from an insured in the absence
of specific reimbursement language in the policy which provides for
reimbursement of such medical payments to the extent that such
payments were compensated by settlement with or judgment against
a tortfeasor. However, an insurer may not be subrogated against a
third-party insurer and its insureds.5
§ 4.49[2] Automobile Insurance Coverage
All West Virginia drivers must be covered by liability insurance
and carry proof of such insurance with them at all times. If they fail
to show proof of insurance, their license and registration can be
suspended for thirty (30) days and ninety (90) days for a second
offense.6
Liability Coverage. No policy of bodily injury liability insurance
or property damage liability insurance may be issued or delivered in
West Virginia for any motor vehicle unless it provides liability limits
of $20,000 because of bodily injury to or death of one person in any
one accident, $40,000 because of bodily injury to or death of two or
more person in any one accident, and $10,000 because of injury to or
the destruction of property of others in any one accident.7
As of 2010, West Virginia has 1,347,207 licensed drivers and 5 to
10% of them are uninsured.8
Uninsured/Underinsured Motorists (UM/UIM) Coverage. All
motor vehicle liability insurance policies must include mandatory
UM coverage in the same amounts as those required for liability
coverage above.9 An "underinsured vehicle" (UIM) is defined as a
motor vehicle with respect to the ownership, operation or use of
which there is liability insurance applicable at the time of the
Gary Wickert is an insurance trial lawyer and is regarded as one of the world's leading experts on insurance subrogation. He is also the author of several subrogation books and legal treatises and is a national and international speaker and lecturer on subrogation and motivational topics. After 15 years as the youngest managing partner in the history of the 30-lawyer Houston law firm of Hughes, Watters & Askanase, L.L.P., Mr. Wickert returned to his native Wisconsin in 1998 and co-founded the subrogation firm of Matthiesen, Wickert & Lehrer, S.C. He oversees a National Recovery Program which includes a network of nearly 285 contracted subrogation law firms in all 50 states, Mexico, Canada and the United Kingdom and boasts recoveries of more than $500 million in recoveries and credits for more than 200 insurance companies. Licensed in both Texas and Wisconsin, Mr. Wickert is double board-certified in both personal injury law and civil trial law by the Texas Board of Legal Specialization. He is also certified as a Civil Trial Advocate by the National Board of Trial Advocacy, for whom he has both written and graded the product liability questions contained on the NBTA national certification exam taken by trial lawyers around the country. For 25 years, Mr. Wickert has served as an expert witness and insurance consultant on subrogation and insurance related issues and has been consulted by insurance carriers, lawyers, and legislative bodies from several states. He is a licensed arbitrator and has attended more than 750 mediations in more than 30 different states. He has represented subrogated insurance carriers in every state, and has been admitted pro hac vice in 17 states. Gary Wickert has worked with the Texas Legislative Oversight Committee in rewriting their workers' compensation subrogation statutes, has served on the Board of the National Association of Subrogation Professionals, and has been cited as an authority on workers' compensation subrogation by several appellate courts, including the Texas Court of Appeals. He is one of only a few lawyers to have ever represented a subrogated carrier before the United States Supreme Court, and was named as one of Law & Politics magazine's "Super Lawyers" for 2005, 2006, and 2007.
