West Virginia

STATUTE OF LIMITATIONS
Personal Property: 2 Years
Personal Injury: 2 Years
Breach of Contract (Written): 10 Years
Breach of Contract (Oral): 5 Years
Statute of Repose (Real Property): 10 Years
Statute of Repose (Products): N/A
Breach of Warranty: 4 Years

GOVERNMENT LIMITATIONS/NOTICE REQUIREMENTS
2 year statue of limitations after cause of action accrues

PIP/MED PAY SUBROGATION
PIP: NO
MED PAY: YES
-If provided for in policy

CONTRIBUTORY NEGLIGENCE
Modified Comparative-50%
Plaintiff cannot recover if 50% or more at fault (if found to be 50% at fault, no recovery)

PARENTAL RESPONSIBILITY
Limitation on Parents’ Liability: $5,000.00
Liable when child under 18 causes willful or malicious injury or damage to property

CERTIFICATE/AFFIDAVIT OF MERIT REQUIREMENT
There is generally no requirement for filing a certificate or affidavit of merit for claims against professionals

JOINT AND SEVERAL LIABILITY
-Exception when defendants are less than 30 percent at fault, did not act in concert and are not liable for intentional or environmental torts

VICARIOUS LIABILITY
AGAINST OWNER OF VEHICLE: NO

MADE WHOLE DOCTRINE
Applies

DEDUCTIBLE REIMBURSEMENT
Pro-Rata for Auto

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