§17D-4-2. "Proof of financial responsibility" defined.
As used in this chapter:
(a) "Proof of financial responsibility" means proof of ability to respond in damages for liability, on account of accident occurring subsequent to the effective date of the proof, arising out of the ownership, operation, maintenance or use of a motor vehicle, trailer or semitrailer in the amount of $20,000 because of bodily injury to or death of one person in any one accident, and, subject to the limit for one person, in the amount of $40,000 because of bodily injury to or death of two or more persons in any one accident, and in the amount of $10,000 because of injury to or destruction of property of others in any one accident.
(b) Beginning January 1, 2016, "proof of financial responsibility" means proof of ability to respond in damages for liability, on account of accident occurring subsequent to the effective date of the proof, arising out of the ownership, operation, maintenance, or use of a motor vehicle, trailer or semitrailer in the amount of $25,000 because of bodily injury to or death of one person in any one accident, and, subject to the limit for one person, in the amount of $50,000 because of bodily injury to or death of two or more persons in any one accident, and in the amount of $25,000 because of injury to or destruction of property of others in any one accident: Provided, That proof of financial responsibility provided by an insurance policy in effect on December 31, 2015 in the minimum amounts required in subdivision (a) of this section shall continue to provide adequate proof of financial responsibility required by this chapter until the policy expires or is renewed.
Notes of Decisions
Cited in
45
cases (
10 in the last 5 years), 1972–2025 · leading case:
Tennant v. Smallwood, 568 S.E.2d 10 (W. Va. 2002).
Tennant v. Smallwood, 568 S.E.2d 10 (W. Va. 2002).
· cites it 40× “Smallwood had a policy of motor vehicle insurance with State Auto Mutual Insurance Company [hereinafter referred to as "State Auto"], with liability coverage limits for bodily injury of $20,000 per person, $40,000 per occurrence, commensurate with the minimum financial…”
Mitchell v. Broadnax, 537 S.E.2d 882 (W. Va. 2000).
· cites it 23× “See W. Va.Code § 17D-4-2 (1979) (Repl.Vol.1996); W.”
Horace Mann Ins. Co. v. Adkins, 599 S.E.2d 720 (W. Va. 2004).
· cites it 8× “[7] See W. Va.Code § 17D-4-2 (1979) (Repl.Vol.2000) (establishing minimum limits of financial responsibility); W.”
Erie Ins. Co. v. Dolly, 811 S.E.2d 875 (W. Va. 2018).
· cites it 10× “Code § 33-6-31(b) (1998) (requiring uninsured motorist coverage in minimum amount specified by W.Va. Code § 17D-4-2 (1979) ). At the time of this collision and the effective dates of Mr.”
Boniey v. Kuchinski, 677 S.E.2d 922 (W. Va. 2009).
· cites it 16× “Code, 33-6-31(b) [1998], provides minimum coverage for uninsured motorist protection equal to that contained in our financial responsibility law, W. Va.Code, 17D-4-2 (1979). W. Va.Code, 17D-4-2, requires a limit of $20,000 for bodily injury or death of one person and $40,000 for…”
Imgrund v. Yarborough, 483 S.E.2d 533 (W. Va. 1997).
· cites it 12× “We hold that an “owned but not insured” exclusion to uninsured motorist coverage is valid and enforceable above the mandatory limits of uninsured motorist coverage required by W. Va.Code §§ 17D-4-2 (1979) (Repl.Vol.1996) and 33-6-31(b) (1988) (Supp.”
Miller v. Lambert, 464 S.E.2d 582 (W. Va. 1995).
· cites it 9× “2 On the other hand, the plaintiff contends that under our financial responsibility law, W.Va.Code, 17D-4-2 (1979), 3 and the provisions of our uninsured motorist coverage statute, W.”
Cox v. Amick, 466 S.E.2d 459 (W. Va. 1995).
· cites it 2× “[7] Nationwide maintains that the Amick vehicle had the mandatory liability insurance required by W.Va.Code, 17D-4-2 [1979]. Thus, Nationwide correctly points out that the Amick vehicle does not meet the definition of an "uninsured motor vehicle" under the Nationwide policy…”
Henry v. Benyo, 506 S.E.2d 615 (W. Va. 1998).
· cites it 4× “See also W.Va.Code §§ 17D-4-2 (1979) (Repl.Vol.1996) (establishing minimum limits of financial responsibility); 33-6-31(b) (1995) (Repl.”
Bias v. Nationwide Mut. Ins., 365 S.E.2d 789 (W. Va. 1988).
· cites it 2× “It provides, first, that every automobile liability insurance policy issued or delivered in West Virginia contain uninsured motorist coverage with minimal limits of coverage as set forth in West Virginia Code § 17D-4-2 (1986 Replacement Vol.). Additionally, it provides that each…”
Jenkins v. City of Elkins, 738 S.E.2d 1 (W. Va. 2012).
· cites it 2× “is excepted from the mandatory security provisions in the Motor Vehicle Safety Responsibility Law including motor vehicle liability coverage mandated by W. Va.Code § 17D-4-2. 223 W.Va. 486 , 677 S.”
W. Va. Code § 17D-4-2(b): 5 cases
W. Va. Code § 17D-4-2(b)(2): 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.