West Virginia Driver Data Access Eased

Individuals in West Virginia involved in a traffic accident will soon be able to access the other driver’s insurance coverage before filing a lawsuit under a new disclosure law.

Gov. Earl Ray Tomblin signed into law HB 4486 after lawmakers approved the controversial bill by a one vote margin on the last day of the legislative session. The new law takes effect June 1.

Sponsored by Rep. Tim Miley (D-Harrison), the bill allows claimant attorneys representing a driver hurt in an automobile accident to request the other driver’s insurance information before deciding whether to file a suit for damages.

Within 30 days of receiving the request, an insurer must provide information on the at-fault driver’s automobile coverage and any excess or umbrella coverage that might cover the claim. Insurers failing to provide the information could be subject to a $500 fine, plus attorneys fees, and other expenses.

Twelve states including Virginia and Florida have similar laws.

The West Virginia Association for Justice supported the measure, saying it would reduce lawsuits by encouraging settlements. “It can cost thousands of dollars to file a suit,” said the group’s spokesperson. “We think this bill will decrease the number of lawsuit filings.”

Insurer groups opposed the bill, arguing it would have the opposite effect since it could result in claimant attorneys demanding higher settlements in cases where another driver’s policy has higher coverage limits. “This is nothing more than a personal injury lawyer giveaway that could very well increase lawsuit filings for the state,” said Richie Heath, of Citizens Against Lawsuit Abuse.