West Virginia requires at least $25,000 of bodily injury liability per person, $50,000 per accident and $25,000 of property damage liability, often written as 25/50/25. Every policy also has to include uninsured motorist coverage at those same limits, including $25,000 for property damage, and the state’s insurance law gives you no way to turn down that required amount.
Underinsured motorist coverage is different. Insurers have to offer it, but buying it is your choice. If the state finds your car uninsured, the DMV can suspend your license and revoke your registration, and a court can fine you $200 to $5,000.
Key Takeaways
- West Virginia requires 25/50/25 liability coverage plus uninsured motorist coverage at 25/50/25. The required uninsured motorist coverage can’t be rejected, though the policy may exclude the first $300 of property damage.
- Underinsured motorist coverage is optional. Your insurer has to offer it on a state form, and if you don’t return the signed form within 30 days, the law presumes you turned it down.
- A first uninsured offense brings a 30-day license suspension and registration revocation, which you can avoid by showing proof and paying a $200 penalty fee before the effective date. A second offense within five years means a 90-day suspension.
- Driving uninsured is also a misdemeanor, with a fine of $200 to $5,000, 15 days to one year in jail, or both, and the DMV penalties can apply on top of that.
West Virginia Minimum Car Insurance at a Glance
| Coverage | Requirement |
|---|---|
| Bodily injury liability | $25,000 per person and $50,000 per accident |
| Property damage liability | $25,000 per accident |
| Uninsured motorist | Required at $25,000 per person, $50,000 per accident and $25,000 property damage. The first $300 of property damage may be excluded. |
| Underinsured motorist | Must be offered, but optional |
| Personal injury protection and medical payments | Not required |
| Collision and comprehensive | Not required by law, but lenders and lessors often require them |
These limits come from W. Va. Code 17D-4-2, and the Offices of the Insurance Commissioner (OIC) lists them on its mandatory limits page. They took effect January 1, 2016. Some older websites still quote 20/40/10, which were the limits before then. RateFrog’s guide to liability limits explains how the numbers work.
Under W. Va. Code 17D-2A-3, owners have to keep this coverage in effect for the whole registration period. Vehicles stored for part of the year, such as RVs, antiques and motorcycles, need it only while they’re in use.
That section allows only a policy from an authorized insurer or self-insurance, with no bond or cash deposit option. Self-insurance under W. Va. Code 17D-6-2 requires more than 25 registered vehicles and at least $1 million in assets, so it isn’t an option for most households.
Uninsured and Underinsured Motorist Coverage in West Virginia
Under W. Va. Code 33-6-31, an auto liability policy can’t be issued unless it includes uninsured motorist (UM) coverage at least equal to the state’s liability limits. Because those limits include property damage, West Virginia’s required UM pays for damage to your car as well as injuries. The policy may exclude the first $300 of property damage caused by an uninsured driver, which works like a deductible. The statute doesn’t give you a right to reject this required amount.
Insurers also have to offer you higher UM limits, up to $100,000 per person, $300,000 per accident and $50,000 for property damage, at an adjusted premium.
Underinsured Motorist Coverage Is Optional
Underinsured motorist (UIM) coverage helps when the at-fault driver has insurance but not enough. Insurers have to offer it up to the liability limits you buy, and the OIC lists the minimum offer as 25/50 for injuries and $25,000 for property damage. You don’t have to take it. A bill that would have made UIM mandatory, HB 3484, was introduced in 2025 but never got past committee.
The statute says UIM benefits are paid without setoff, meaning they can’t be reduced by payments made under your policy or any other policy. Whether UIM applies depends on how the other driver’s limits compare with the UIM limits you carry.
The Offer Form
Under W. Va. Code 33-6-31d, your insurer has to give you the optional UM limits and UIM on a form prepared by the Insurance Commissioner when you first apply and any time you ask. You’re supposed to sign and return it within 30 days, and your choice binds everyone insured under the policy. If you don’t send it back in time, the law presumes you received the offer and knowingly turned it down.
Hit-and-Run Crashes
West Virginia’s UM law can cover a hit-and-run driver who can’t be identified, but the vehicle has to cause the damage or injury through physical contact. You need to report the crash to police within 24 hours of discovering it if you’re physically able, unless police already investigated, and notify your insurer within 60 days. RateFrog’s guide to uninsured and underinsured motorist coverage explains how these coverages work in general.
Proof of Insurance in West Virginia
Under W. Va. Code 17D-2A-4, you have to carry proof of insurance in the vehicle it covers, and you have to present it at vehicle inspection. An image on your phone counts if it shows the information the law requires and comes from your insurer. If you need a card quickly, RateFrog’s guide to getting proof of insurance fast can help.
If a traffic ticket requires a court appearance, W. Va. Code 17D-2A-6 requires you to show the court you had coverage at the time of the offense.
How West Virginia Checks Your Coverage
The DMV runs the West Virginia Online Verification program (WVOLV). According to the DMV, it lets the agency check insurance instantly at registration and after citations and crashes, and every currently registered vehicle is subject to verification. Under W. Va. Code 17D-2A-6a, insurers have to keep the data needed to confirm their customers’ coverage, and the DMV can find a vehicle uninsured based on crash or police reports, court citations or the online system.
Before a suspension takes effect, W. Va. Code 17D-2A-7 requires a certified-mail notice to you and any lienholder at least 30 days ahead. You can ask in writing for a hearing within 10 days of receiving it. The hearing covers only your identity and whether you had insurance in effect.
If you drop your coverage during the registration period, 17D-2A-3 says you have to surrender your plate to the DMV right away. Seasonal vehicles can keep the plate under DMV rules. RateFrog’s guide to what happens when insurance lapses covers the broader risks.
Penalties for Driving Without Insurance in West Virginia
West Virginia has two separate tracks, one through the DMV and one through the courts, and both can apply to the same offense.
DMV License and Registration Penalties
Under W. Va. Code 17D-2A-7, an owner without the required coverage faces these steps:
- A first offense means a 30-day license suspension, which continues until you show current proof of insurance on all your registered vehicles, and revocation of your registration.
- For a first offense, you can avoid the suspension and revocation by showing proof and paying a $200 penalty fee before the effective date. If you do, no reinstatement fees are required.
- A second or later offense within five years means a 90-day license suspension, and the registration stays revoked until you show proof of coverage.
If you were driving someone else’s uninsured car, the conviction goes on your driving record.
Reinstatement Fees
The DMV lists a $50 license reinstatement fee and a $100 registration reinstatement fee, plus an extra $50 if the State Police issued a secure order on your plate. Paying the license fee early doesn’t shorten the suspension, and the registration can’t be reinstated until you send proof of valid West Virginia liability insurance. The DMV’s page describes the plate as suspended, while the statute says the registration is revoked until you show proof.
Court Penalties
Under W. Va. Code 17D-2A-9, driving uninsured is a misdemeanor with a fine of $200 to $5,000, 15 days to one year in county or regional jail, or both. The statute has one range for all offenses. Some websites describe a $200 fine for a first offense and a higher tier for repeat offenses, but the $200 first-offense figure is the DMV penalty fee above, not a court fine.
Fake Proof of Insurance
Under W. Va. Code 17D-5-3, forging proof of insurance, knowingly offering forged proof or giving false insurance information is a misdemeanor punishable by a fine of up to $1,000, up to a year in jail, or both. The DMV also suspends your license for 90 days and revokes your registration until you provide genuine proof.
A Crash Without Insurance
West Virginia repealed its post-accident security deposit law, Chapter 17D, Article 3, in 1988. The bigger risk now is a court judgment. If you don’t pay a judgment from a West Virginia court within 30 days, the court has to report it to the DMV if the other side asks in writing, and under W. Va. Code 17D-4-5 the DMV commissioner suspends your license and registration. Under W. Va. Code 17D-4-6, the suspension continues until the judgment is stayed or paid as the law allows, and bankruptcy doesn’t relieve you of those requirements.
SR-22 Filings in West Virginia
No West Virginia DMV page or statute reviewed for this guide uses the term SR-22, and several older sections of Chapter 17D were repealed in 1988 and 2006. The judgment sections above still refer to giving proof, without saying for how long. An SR-22 may still be required by a court or the DMV in some cases, so ask the DMV what your case calls for before you buy a policy. RateFrog’s SR-22 guide explains how these filings work in states that use them.
If You Can’t Find Coverage
The West Virginia Automobile Insurance Plan (WVAIP) is for people who can’t get insurance in the regular market. According to AIPSO, you’re eligible with a valid West Virginia driver’s license and a vehicle registered in West Virginia. Any agent with a West Virginia property and casualty license can submit an application. AIPSO lists the plan’s phone number as (888) 820-0170.
How West Virginia Insurers Set Rates
Bills that would have barred insurers from using credit history in auto and home insurance were introduced in 2023 and in 2026 (HB 5608), and neither passed. RateFrog’s guide to the factors that affect car insurance rates explains what insurers commonly look at.
Drivers 55 and older can get a required discount. Under W. Va. Code 33-20-18, insurers have to reduce liability, personal injury protection and collision premiums when the principal operator or spouse is 55 or older and completes an accident prevention course approved by the DMV. The discount lasts three years, and you retake the course to keep it. The law calls for an “appropriate reduction” and doesn’t set a percentage. Insurers can require a clean driving record, and a court-ordered course doesn’t count.
Cancellation and Nonrenewal Rules
Once a policy has been in effect for 60 days, or right away on a renewal, W. Va. Code 33-6A-1 lets an insurer cancel only for listed reasons. They include nonpayment, a material misrepresentation, a license suspension or revocation for a named insured or regular driver, and certain serious convictions such as DUI. The insurer has to give 30 days’ notice, or 14 days for nonpayment.
Nonrenewals have their own rules under W. Va. Code 33-6A-4. The insurer has to give at least 45 days’ notice, state the specific reasons, tell you about your right to a hearing and say you may be eligible for the state’s assigned risk plan. After a policy has been in force for two consecutive years, the insurer can nonrenew only for listed reasons, unless it uses an alternative method under W. Va. Code 33-6A-4a that allows nonrenewal for any reason consistent with its underwriting standards, capped at 1% of its policies in force each year.
You can appeal a cancellation or nonrenewal to the Insurance Commissioner within 45 days after the notice was mailed under W. Va. Code 33-6A-5. The cost of a nonrenewal hearing goes to the losing side and can’t exceed $75. RateFrog’s guide to car insurance grace periods explains what usually happens when a payment is late.
Is West Virginia’s Minimum Coverage Enough?
A 25/50/25 policy can run out quickly in a serious crash, and $25,000 of property damage coverage may not replace a newer car. If a claim is more than your limits, you could be personally responsible for the rest.
Your required UM coverage helps only when the other driver has no insurance or can’t be identified. If you skip UIM, think about how you’d pay your own medical bills if a driver with 25/50/25 limits seriously injured you. RateFrog’s guide to how much car insurance you need can help you choose, and you can compare car insurance quotes at several coverage levels.
Where to Get Help
The OIC’s Property and Casualty Consumer Services division takes calls at (304) 720-8580 or toll-free at 1-888-879-9842, and you can file a complaint online or on a paper form. Cancellations and nonrenewals are among the topics it handles.
For license suspensions, reinstatements and verification notices, call the DMV at (304) 926-3802 or 1-800-642-9066. Reinstatements are handled by mail or in person at DMV headquarters in Charleston.
Frequently Asked Questions
Can I Reject Uninsured Motorist Coverage in West Virginia?
Not the required amount. West Virginia law requires UM at 25/50/25 in every policy. The offer form only covers optional higher UM limits and underinsured motorist coverage.
Is Underinsured Motorist Coverage Required in West Virginia?
No. Insurers have to offer it, but you can decline. If you don’t return the signed offer form within 30 days, the law presumes you turned it down.
What Is the Fine for Driving Without Insurance in West Virginia?
A court can fine you $200 to $5,000, jail you for 15 days to one year, or both. DMV license suspension and registration revocation can apply separately.
Can I Show Proof of Insurance on My Phone in West Virginia?
Yes. West Virginia law accepts an image on a wireless device if it shows the required information from your insurer.
Sources
- West Virginia Offices of the Insurance Commissioner: Mandatory Limits
- West Virginia Offices of the Insurance Commissioner: Property and Casualty Consumer Services
- West Virginia DMV: Consumer Insurance Information
- W. Va. Code 17D-2A-3
- W. Va. Code 17D-2A-4
- W. Va. Code 17D-2A-6
- W. Va. Code 17D-2A-6a
- W. Va. Code 17D-2A-7
- W. Va. Code 17D-2A-9
- W. Va. Code Chapter 17D, Article 3 (repealed)
- W. Va. Code 17D-4-2
- W. Va. Code 17D-4-5
- W. Va. Code 17D-4-6
- W. Va. Code 17D-5-3
- W. Va. Code 17D-6-2
- W. Va. Code 33-6-31
- W. Va. Code 33-6-31d
- W. Va. Code 33-6A-1
- W. Va. Code 33-6A-4
- W. Va. Code 33-6A-4a
- W. Va. Code 33-6A-5
- W. Va. Code 33-20-18
- West Virginia Legislature: HB 3484 (2025) Bill History
- West Virginia Legislature: HB 5608 (2026) Bill History
- AIPSO: West Virginia Automobile Insurance Plan