The West Virginia Appraisal Clause Playbook
West Virginia courts consistently enforce the auto-policy appraisal clause as written: a written demand triggers a two-appraiser process, and if those two disagree, a neutral umpire decides ACV. West Virginia auto policies include the binding appraisal clause. See W. Va. Code R. §114-14 (Unfair Claims Practices)..
Where to send the demand
Route the demand to the dedicated claims office on your declarations page, certified mail. West Virginia adjusters are required to acknowledge within their internal SLA; if you receive nothing within 10 business days, escalate to the West Virginia Department of Insurance (1-888-879-9842).
Umpire selection in West Virginia
Umpire selection in West Virginia is typically a phone call between the two appraisers from a short list of mutually-trusted names. Court appointment is rare and is reserved for cases where one side refuses to cooperate.
Timeline expectations
Most 47-day timeline: 1–3 days for the carrier to acknowledge the demand, 7–10 days to name their appraiser, 5–10 days for both appraisers to exchange numbers, and 5–14 days for either an agreement or umpire selection. Payment usually clears within 30 days of the signed award.
Who pays what
Cost is shared: each side covers its own appraiser, and the umpire (if needed) is paid equally by both parties. Most ACV appraisal-clause matters resolve before the umpire is even retained, so 60–70% of cases pay only their own appraiser's fee.
Two tactics that move West Virginia carriers fastest
- Name your appraiser in the same letter that invokes the clause. This compresses 5–10 days of back-and-forth into one mailing.
- If the carrier delays naming its appraiser past 14 days, send a follow-up letter referencing the state's unfair claims settlement statute. That single letter often produces a name within 48 hours.
Three pitfalls that void or weaken the clause in West Virginia
- Letting the carrier choose the umpire unilaterally. Umpire selection is mutual; if the carrier names one without your agreement, refuse and propose three alternatives.
- Forgetting that the appraisal award is binding on ACV only — it does not resolve coverage disputes, salvage retention, or who is at fault.
- Calling the appraisal demand a "complaint" or "dispute." Use the exact phrase "I am invoking the appraisal provision of my policy" so the file routes correctly.
West Virginia appraisal-clause demand letter (copy-ready)
Replace bracketed fields with your claim details. Send certified mail with return receipt to the claims address on your declarations page. Cites W. Va. Code R. §114-14 (Unfair Claims Practices)..
[Date]
[Carrier name]
[Claims address from your declarations page]
Re: Claim No. [your claim number]
Policy No. [your policy number]
Insured: [your name]
Loss date: [date]
Loss location: Charleston, WV
To Whom It May Concern:
Pursuant to the appraisal provision of the auto policy referenced
above, and consistent with W. Va. Code R. §114-14 (Unfair Claims Practices)., I am hereby invoking the
appraisal clause to determine the actual cash value of my totaled
vehicle.
I have appointed [appraiser name, license, contact] as my appraiser.
Please identify your appraiser within ten (10) business days of receipt
of this letter so that the appraisal may proceed. If the two appraisers
cannot agree, they shall jointly select a competent and disinterested
umpire as the policy provides.
This letter is sent by certified mail with return receipt requested.
All further communications regarding ACV should be in writing.
Sincerely,
[Your name]
[Address, phone, email]This template is a starting point, not legal advice. We'll send a tailored demand on your behalf as part of every Auto ACV engagement in West Virginia.