Can my employee use our policy if a hit-and-run hurt him in Morgantown?
Yes. The common wrong answer is, "No plate means no claim." In West Virginia, that is often false because a hit-and-run driver is usually treated as an uninsured motorist for insurance purposes.
If your employee was hurt while driving or riding in a covered company vehicle in Morgantown, a claim may be available under your business auto policy's uninsured motorist (UM) coverage. West Virginia requires UM coverage, and the state minimum liability limits are $25,000 per person, $50,000 per crash, and $25,000 for property damage. Underinsured motorist (UIM) coverage must also be offered, though businesses can reject it in writing.
That does not mean your company automatically pays out of pocket. It usually means your insurer handles the UM claim under the policy you bought. If the employee was hurt on the job, workers' compensation may also cover medical treatment and wage loss through the claim, separate from the auto policy.
For a no-plate hit-and-run, proof matters. In practice, insurers will look for:
- a prompt report to Morgantown Police, the Monongalia County Sheriff, or West Virginia State Police
- photos, dashcam, witnesses, and vehicle damage
- medical records tying the injury to the crash
That is especially important during spring pothole season, when insurers may try to blame a wreck on road damage instead of a fleeing driver, particularly on routes with heavy truck traffic and poor sight lines.
If the employee was in a personal vehicle instead of a company vehicle, your commercial policy may not apply the same way. Then the employee's own UM/UIM coverage and workers' comp may become the main sources of coverage.
This article is for informational purposes only and is not legal advice. Every case is different. If you or a loved one was injured, talk to an attorney about your situation.
Talk to a lawyer for free →