WVC 33 - 6 - 33
§33-6-33. Value of motor vehicle involved in claim.
Insurance companies doing business in this state shall use the
most recent version of an "official used car guide" approved by the
insurance commissioner as a guide for setting the minimum value of
any motor vehicle involved in a claim settlement arising from a
motor vehicle accident. In addition to any cash settlement value
so agreed to by the claimant, there shall be added an amount equal
to five percent of the cash settlement value as reimbursement to
the claimant for the excise tax imposed under section four, article
three, chapter seventeen-a of the code of West Virginia.