Drivers' insurance pays first for many business-owned vehicles

A driver's covered insurance extends to permitted use of a business-owned vehicle. For a free replacement vehicle during repairs, the driver's available insurance pays first. The coverage rule applies to insured people whose policies cover West Virginia licensed vehicles, when they use vehicles owned by businesses that sell, repair, lease, or service vehicles. No separate charge is paid by or for the driver to use the replacement vehicle. The driver must have the owner's permission, and their own vehicle must be out of use for repairs or service by the business owner or someone acting with that owner's permission. The driver must exhaust all other available insurance limits before collecting from the vehicle owner's policy. A separate exception puts the business owner's liability insurance first for employees driving with permission as part of their job. The law took effect June 9, 2026.

The business owner's vehicle liability insurance pays before the employee's available insurance under the employee exception. The exception covers insured employees of businesses that sell, repair, lease, or service vehicles, within the business-provided vehicle coverage described in subsection (b). The employee must have the business owner's permission and be driving as part of their job. The law took effect June 9, 2026.

The individual's available liability insurance or other qualifying financial protection pays before the vehicle business's legally required coverage. This rule covers vehicles owned by businesses that rent, lease, sell, repair, or service vehicles. It applies to people renting, leasing, driving, maintaining, or using those vehicles. The individual's coverage must be in effect and meet or exceed the state's required level of financial protection. Liability insurance bought for an extra charge from a rental or leasing company pays before other available insurance. The law took effect June 9, 2026.