How Car Accident Compensation Works in Washington, D.C.

Washington, D.C. follows a no-fault system. This means that you file a claim with your own insurance company first, and you can only file a lawsuit under certain circumstances.

Every state has its own insurance requirements. In Washington, D.C. it is illegal to drive without the following coverage:

• Bodily Injury (BI) Liability. Covers a minimum of $25,000 per person and $50,000 per accident.
• Property Damage Liability. Covers a minimum of $10,000 per accident.
• Uninsured Motorist Bodily Injury (UIMBI) coverage. Covers a minimum of $25,000 per person and $50,000 per accident.
• Uninsured Motorist Property Damage (UMIPD) coverage. Covers a minimum of $5,000 per accident.

In addition, the following types of optional insurance are available:

• Personal Injury Protection (PIP) coverage: PIP pays for medical and rehabilitation costs, work loss, and funeral expenses for you and occupants of your vehicle, regardless of fault. PIP is not required in Washington DC, but your insurance carrier is required to offer it to you.
• Collision: Covers vehicle damage in an accident, regardless of fault. This is optional by law but usually required by the lienholder if your vehicle is financed.
• Comprehensive: Covers vehicle damage in non-collision incidents like fire, theft, vandalism, and natural disaster. Again, this is optional by law but usually required for financed vehicles.
• Medical payments: This covers an array of medical expenses for you and your passengers, regardless of fault.

Insurance plays a key role in any car accident claim. To make sure your rights are being protected, contact a car accident attorney. They can investigate and review your policy to ensure sufficient coverage is available to you.

Because the District is a no-fault jurisdiction, the rules for who can file a lawsuit are complex. If you have PIP insurance, you have just 60 days to decide whether to receive your PIP benefits or pursue a civil lawsuit. However, if your injuries meet the legal definition of a serious injury, then you may be able to receive PIP benefits and pursue a lawsuit. This is why you need to talk to an attorney as soon as possible to understand your options and the pros and cons of each choice.

If you do decide to file a lawsuit, remember that Washington, D.C. uses the contributory negligence rule. This means if you are even partially at fault for the accident, you cannot recover. Again, an attorney can explain how this rule applies to your situation.

If you had no share of fault in the accident and choose to file, you must meet a strict statute of limitations. Generally speaking, you have up to three years to file a lawsuit. However, if your case involves the government – a common situation in the District for obvious reasons – then the deadline is just six months. If you're filing a wrongful death claim, the deadline is usually two years from the date of the victim's death. Again, only a lawyer can tell you which deadlines apply in your situation, so it’s in your interest to get legal advice right away.

The value of your car accident injury claim is determined through three main factors: how serious your injuries are, how they’ve affected your life, and the amount of available insurance to cover them.

You can be financially compensated for two types of damages, economic and non-economic. Economic damages are objectively measurable financial losses. Some common examples include:

• Medical expenses. Any medical costs like ambulance fees, doctor visits, medications, surgery, physical therapy, and other treatments.
• Lost wages. If your injury has made it unable for you to return to work, you can be compensated for your missed income.
• Property damage. Any repairments needed to your vehicle or other property that was damaged due to the accident.

Non-economic damages are more subjective. Some common examples include:

• Pain and suffering. You can be compensated for both physical and emotional pain and suffering in the present and future.
• Loss of consortium. The loss of or inability to provide companionship, comfort, and intimacy in your relationship.
• Grief. After a car accident involving a death, you may be experiencing overwhelming anguish.

By considering both economic and non-economic damages, an experienced car accident attorney can calculate an estimated value for your claim, then fight for nothing less.

All drivers in Washington, D.C. are required to carry auto insurance, but that doesn’t stop some people from lacking coverage. This is where your uninsured motorist insurance comes into play. When an uninsured motorist hits you, all you have to do is file a UIM claim through your own insurance company.

Although with a UIM claim, no outside parties are involved, you should still get legal representation. An attorney will ensure you are getting the maximum coverage to cover your damages.