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West Virginia: shared fault rules

Whether you can still recover money if you were partly at fault for an accident, and how much your share of fault costs you.

Fault system	Modified comparative negligence (50% bar)
When fault bars recovery	Barred if you are 50% or more at fault
Law	W. Va. Code 55-7-13a

Your share of fault usually reduces what you can recover by the same percentage. Insurers use this rule when negotiating, so it matters even if you never sue.

General information only, not legal, insurance or financial advice. Not affiliated with any government agency. Exceptions can apply. Confirm with the state agency, the court or a licensed professional in West Virginia.

Also for West Virginia: Small claims limits in West Virginia · Claim deadlines in West Virginia · Car insurance by state in West Virginia · Final paycheck rules in West Virginia · Debt time limits in West Virginia · Lemon law rules in West Virginia

How we checked this

Rules come from a statute-cited 2026 personal injury table and match a defense firm's 51-jurisdiction chart, including Florida's 2023 change to a 51% bar. Last checked: November 12, 2026. Laws change; confirm with the state agency or a licensed professional before acting.

Cross-checked sources agree   Checked on official source confirmed on a government, court or legislature site   Single detailed source one detailed table built from statutes or official data   Under review sources disagree; read the note and the law.