West Virginia House Bill HB3484

West Virginia 2025 Regular Session

• Introduced: 3/18/25
• Refer: 3/19/25

Caption

Mandate underinsurance to match with the states requirement of mandatory uninsurance

Summary

HB3484 would require motor vehicle insurance policies in West Virginia to include mandatory underinsured motorist coverage at the same minimum limits already required for uninsured motorist coverage. The bill amends the state’s financial responsibility law and insurance code so that, beginning January 1, 2026, proof of financial responsibility would include underinsurance coverage in the same minimum amounts as liability coverage: $25,000 for bodily injury or death of one person, $50,000 for bodily injury or death of two or more persons, and $25,000 for property damage. It also updates the insurance policy provisions to require that policies issued in the state contain underinsured motorist coverage at least equal to those minimum limits. The bill would change both Chapter 17D and Chapter 33 of the West Virginia Code. In practical terms, it would make underinsured motorist coverage mandatory rather than optional at the statutory minimum level, affecting insurers, policyholders, and drivers who must show proof of financial responsibility. Existing policies in force before the effective date would be grandfathered until renewal or expiration, and the bill preserves existing rules on uninsured motorist claims, notice requirements, subrogation, and the prohibition on mandatory arbitration. The general sentiment reflected in the bill materials is supportive of expanding consumer protection in auto insurance. The caption and stated purpose frame the measure as aligning mandatory underinsured coverage with mandatory uninsured coverage, suggesting a policy goal of ensuring injured drivers have access to compensation when the at-fault driver’s insurance is insufficient. No committee transcripts or recorded votes were provided, so there is no documented opposition or support from floor or committee debate in the materials supplied. The main point of contention likely concerns cost and insurance-market impact. Requiring minimum underinsured motorist coverage could increase premiums for some drivers and impose new compliance obligations on insurers, while supporters would argue it closes a coverage gap and better protects accident victims. Because the bill does not include discussion records, any opposition is inferred from the policy change itself rather than from stated objections in the available history.

Impact

HB3484 would amend West Virginia Code §§17D-4-2 and 33-6-31 to make minimum underinsured motorist coverage mandatory and to tie that coverage to the same minimum limits as uninsured motorist coverage. It would affect auto insurers issuing policies in West Virginia, drivers required to maintain proof of financial responsibility, and policyholders whose coverage would need to meet the new statutory floor beginning January 1, 2026. Existing policies would remain valid until renewal or expiration, limiting immediate disruption.

Sentiment

The bill appears to have a consumer-protection orientation, with its stated purpose focused on ensuring that motorists have underinsured coverage at the same minimum level as uninsured coverage. Based on the text alone, the measure is framed as a coverage expansion rather than a restriction. No committee discussion or vote history was provided, so the available record does not show explicit support or opposition from legislators or stakeholders.

Contention

The likely contention is whether mandatory underinsured motorist coverage should be required at the statutory minimum level. Supporters would likely emphasize stronger protection for accident victims and more complete compensation when the at-fault driver is underinsured. Opponents, if any, would likely focus on higher premiums, added insurance costs, and the burden on insurers and consumers. Because no transcripts or votes were included, there is no documented named opposition in the provided materials.