WEST VIRGINIA LEGISLATURE

2025 REGULAR SESSION

Introduced

House Bill 3321

By Delegates Flanigan, Pritt, Funkhouser, Roop, and Marple

[Introduced March 12, 2025; referred to the Committee on Finance]

A BILL to amend and reenact §17D-4-2 of the Code of West Virginia, 1931, as amended, relating to increasing the state minimums for auto insurance.  

Be it enacted by the Legislature of West Virginia:

Article 4. Proof of Financial Responsibility for the Future.

§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)(a) 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.

(b) Beginning January 1, 2026, "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 $50,000 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 $100,000 because of bodily injury to or death of two or more persons in any one accident, and in the amount of $50,000 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, 2025 in the minimum amounts required in subdivision (a) of this section shall continue to provide adequate proof of financial responsibility required by §17D-1-1 et seq. of this code until the policy expires or is renewed.

NOTE: The purpose of this bill is to increase the state minimums for auto insurance.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.