UNINSURED/UNDERINSURED MOTORIST COMPLAINT

Table of Contents

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Insurance Policy Identification
5. Facts of the Accident
6. Uninsured or Underinsured Status of Tortfeasor
7. Exhaustion of Tortfeasor's Coverage
8. Count I: UM/UIM Benefits Claim
9. Count II: Breach of Contract / Bad Faith
10. Damages
11. Stacking Provisions
12. Prohibition on Mandatory Arbitration
13. Prayer for Relief
14. Verification
15. West Virginia Practice Notes

Caption

IN THE CIRCUIT COURT OF [________________________________] COUNTY
STATE OF WEST VIRGINIA

[PLAINTIFF NAME],
Plaintiff,

v.

[INSURANCE COMPANY NAME],
Defendant.

Civil Action No.: [________________________________]

Parties

1. Plaintiff, [PLAINTIFF NAME], is an individual residing at [________________________________], [________________________________] County, West Virginia, and a person insured under the motor vehicle insurance policy described herein.

2. Defendant, [INSURANCE COMPANY NAME], is an insurance company authorized to transact business in West Virginia, with its principal office at [________________________________].

Jurisdiction and Venue

3. This Court has jurisdiction pursuant to W. Va. Code § 51-2-2 and the amount in controversy exceeds the jurisdictional minimum.

4. Venue is proper in [________________________________] County pursuant to W. Va. Code § 56-1-1, as the cause of action arose in this county and/or Defendant conducts business here.

Insurance Policy Identification

5. On or about [__/__/____], Defendant issued automobile insurance policy number [________________________________] to Plaintiff, effective from [__/__/____] to [__/__/____].

6. The policy provides:
   - ☐ Uninsured Motorist (UM) coverage with limits of $[________________________________] per person / $[________________________________] per accident / $[________________________________] property damage
   - ☐ Underinsured Motorist (UIM) coverage with limits of $[________________________________] per person / $[________________________________] per accident

7. ☐ UM coverage was mandated by law and included in the policy.
   ☐ UIM coverage was offered and accepted by the named insured.
   ☐ UIM coverage was not rejected in writing; therefore, UIM coverage attaches.

8. Plaintiff has paid all premiums due and has complied with all policy conditions.

Facts of the Accident

9. On [__/__/____], at approximately [____] a.m./p.m., Plaintiff was operating/occupying a motor vehicle at or near [________________________________], [________________________________] County, West Virginia.

10. At that time and place, a motor vehicle operated by [TORTFEASOR NAME] negligently and carelessly caused a collision with Plaintiff's vehicle.

11. The tortfeasor's negligent acts include but are not limited to:
    - ☐ Failure to yield the right of way
    - ☐ Following too closely
    - ☐ Distracted driving
    - ☐ Driving under the influence of alcohol or drugs
    - ☐ Exceeding the posted speed limit
    - ☐ Failure to obey traffic control devices
    - ☐ Improper lane change or turning
    - ☐ Failure to maintain control
    - ☐ Other: [________________________________]

12. As a direct and proximate result, Plaintiff sustained serious bodily injuries and damages.

Uninsured or Underinsured Status of Tortfeasor

13. The tortfeasor's motor vehicle qualifies as:
    - ☐ Uninsured — No automobile liability policy was in effect at the time of the accident
    - ☐ Underinsured — The tortfeasor's liability limits of $[________________________________] are insufficient to compensate Plaintiff for damages
    - ☐ Hit-and-Run / Unknown — The tortfeasor fled the scene and remains unidentified
    - ☐ Insurer Denied/Insolvent — The tortfeasor's insurer has denied coverage or become insolvent

Exhaustion of Tortfeasor's Coverage

14. ☐ The tortfeasor had no liability insurance; exhaustion is not applicable.
    ☐ Plaintiff has settled with or obtained judgment against the tortfeasor's insurer for the policy limits of $[________________________________].
    ☐ Plaintiff has provided Defendant with advance notice of the proposed settlement and obtained Defendant's consent before settling.

Count I: UM/UIM Benefits Claim

15. Plaintiff incorporates all preceding paragraphs by reference.

16. Plaintiff is a person insured under the policy who is legally entitled to recover damages from the owner or operator of an uninsured/underinsured motor vehicle for bodily injury and/or property damage arising from the ownership, maintenance, or use of such vehicle.

17. Pursuant to W. Va. Code § 33-6-31, Defendant is obligated to pay UM/UIM benefits to Plaintiff.

18. Defendant has failed or refused to pay the UM/UIM benefits owed despite Plaintiff's compliance with all policy conditions and proper demand.

Count II: Breach of Contract / Bad Faith

19. Plaintiff incorporates all preceding paragraphs by reference.

20. Defendant's refusal to pay UM/UIM benefits constitutes a breach of the insurance contract.

21. ☐ Defendant has acted in bad faith by:
    - ☐ Unreasonably delaying investigation or payment
    - ☐ Denying the claim without a reasonable basis
    - ☐ Failing to attempt a prompt, fair, and equitable settlement when liability was reasonably clear
    - ☐ Compelling Plaintiff to initiate litigation to recover amounts due
    - ☐ Failing to provide a reasonable explanation for denial
    - ☐ Violating the Unfair Trade Practices Act (W. Va. Code § 33-11-4(9))
    - ☐ Other: [________________________________]

Damages

22. As a direct and proximate result of the accident, Plaintiff has suffered:
    - ☐ Past medical expenses: $[________________________________]
    - ☐ Future medical expenses: $[________________________________]
    - ☐ Past lost wages: $[________________________________]
    - ☐ Future lost earning capacity: $[________________________________]
    - ☐ Pain and suffering: $[________________________________]
    - ☐ Mental anguish and emotional distress: $[________________________________]
    - ☐ Loss of enjoyment of life: $[________________________________]
    - ☐ Permanent impairment or disability: $[________________________________]
    - ☐ Property damage: $[________________________________]
    - ☐ Other: [________________________________]

Stacking Provisions

23. ☐ Plaintiff's policy covers multiple vehicles and Plaintiff seeks to stack UM/UIM limits.
    ☐ The policy contains an anti-stacking provision that Plaintiff contends is unenforceable.
    ☐ Stacking is not applicable.

Prohibition on Mandatory Arbitration

24. Pursuant to W. Va. Code § 33-6-31, no UM/UIM endorsement or provision may contain any clause requiring arbitration of any claim arising thereunder.

25. ☐ Defendant has attempted to compel arbitration; Plaintiff objects on the basis that mandatory arbitration clauses in UM/UIM policies are prohibited by West Virginia law.
    ☐ No arbitration clause exists; Plaintiff proceeds by civil action.

Prayer for Relief

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment against Defendant as follows:

1. Compensatory damages for bodily injury, pain, suffering, and economic losses in an amount to be proven at trial;
2. UM/UIM benefits up to the applicable policy limits of $[________________________________];
3. Consequential damages for Defendant's bad faith conduct;
4. Punitive damages for Defendant's willful, wanton, and malicious conduct, if applicable;
5. Prejudgment and postjudgment interest as provided by law;
6. Attorney fees and costs of litigation;
7. Such other and further relief as the Court deems just and equitable.

Verification

STATE OF WEST VIRGINIA,
COUNTY OF [________________________________], to-wit:

I, [PLAINTIFF NAME], being first duly sworn, state that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief.

Date: [__/__/____]

Signature: [________________________________]

Taken, subscribed, and sworn to before me this [____] day of [________________________________], [____].

Notary Public: [________________________________]
My Commission Expires: [__/__/____]

West Virginia Practice Notes

• UM Mandatory; UIM Optional: UM coverage is mandatory (W. Va. Code § 33-6-31). UIM is optional but must be offered on a form prescribed by the Insurance Commissioner (§ 33-6-31d).
• No Mandatory Arbitration: W. Va. Code § 33-6-31 expressly prohibits arbitration clauses in UM/UIM endorsements. The insured has an absolute right to counsel and litigation.
• Minimum UM Limits: $25,000/$50,000 bodily injury; $25,000 property damage.
• Statute of Limitations: Two (2) years for personal injury (W. Va. Code § 55-2-12).
• Comparative Fault: West Virginia uses modified comparative fault; Plaintiff's recovery is barred if fault is equal to or greater than Defendant's (W. Va. Code § 55-7-13a).
• First-Party Bad Faith: West Virginia strongly recognizes first-party bad faith claims. See Hayseeds, Inc. v. State Farm, 177 W. Va. 323 (1986). Punitive damages may be available.
• Third-Party Bad Faith: Third-party claimants must file administrative complaints with the Insurance Commissioner; no private cause of action (W. Va. Code § 33-11-4a).
• Stacking: May be limited by policy anti-stacking provisions; review current case law.
• UIM Rejection: If the insured did not reject UIM on the Commissioner-prescribed form, UIM may attach by operation of law.

This template is for informational purposes only and does not constitute legal advice. Consult a licensed West Virginia attorney before filing. Verify all statutory citations against the current West Virginia Code.