District of Columbia Car Accident Compensation Laws

Washington, D.C. has car accident laws like every other state. But, because of the district’s unique position as a city and district between other states, it has some unique rules for the many non-resident drivers who work in the District of Columbia daily.

As in all states, car accident victims are under the jurisdiction of the state’s courts where the accident occurred. But in D.C., many people live in Virginia, Maryland, and other states. A driver not registered and insured in D.C. must have valid auto insurance equivalent to D.C. insurance requirements.

This article reviews the District of Columbia’s car accident compensation laws.

District of Columbia Car Accident Insurance Laws

In Washington, D.C., people involved in car accidents must stop and exchange insurance information. You and the other driver must move your cars out of the flow of traffic if it is safe to do so and check for injuries. Drivers must report auto accidents to D.C. law enforcement within five days if there are injuries or damage over $250.

The police may not respond to a minor accident, but you should get the accident report or incident number. You will need the number for your insurance claim. Your insurance company may require you to report the accident within a certain period, usually 30 days.

You should also see your doctor or urgent care and speak to a personal injury lawyer.

D.C. requires all drivers to have minimum liability coverage. All resident drivers must have no-fault motor vehicle insurance that includes:

• $25,000 third-party liability
• $10,000 property damage liability
• $25,000 uninsured motorist coverage (bodily injury and property damage each)

Out-of-state drivers must have valid comparable insurance. Because Washington, D.C. follows a no-fault rule, drivers must have a personal injury protection (PIP) insurance policy.

No-Fault Insurance

D.C. has a no-fault insurance law. Accident victims file claims with their own insurance companies first for any injuries or damages resulting from an accident. In most states, the at-fault driver’s insurance pays for all accident claims. In Washington, D.C., you must wait until you exhaust your PIP coverage before filing a claim against the other driver’s insurance.

No-fault does not apply if the accident caused serious injuries such as:

• Permanent impairment
• Permanent scarring or disfigurement
• Your medical expenses exceed your PIP coverage

The no-fault system means that car accident victims don’t have to prove negligence and fault in their case. But, if they don’t have good car insurance, they may be unable to recover after a serious accident.

Contributory Negligence

In most car accident cases, both drivers share some responsibility for the collision. For instance, one driver may have been drunk and speeding, but the other driver may not have been wearing a seatbelt. Most jurisdictions recognize this. These states follow a “comparative negligence” rule that allows drivers to recover if they are partly responsible for the accident.

Washington, D.C. uses a contributory negligence standard. Under this rule, a driver who is even one percent at fault for the accident or injury cannot recover from the other driver. Four states besides D.C. use this harsh standard:

• Maryland
• Alabama
• Virginia
• North Carolina

Limits and Damage Caps

In legal terminology, “damages” are the costs of your accident. In a personal injury case, you may request economic damages and non-economic damages.

Economic damages are easy to calculate. They include things like:

• Medical bills, including future treatment costs and rehabilitation
• Lost wages and income
• Property damage not covered by your own insurance policy

Non-economic damages are injuries that are less easy to calculate but result from the accident. They can include:

• Pain and suffering
• Post-traumatic stress disorder (PTSD)
• Loss of consortium (also known as loss of companionship)

To receive punitive damages, plaintiffs must show a defendant acted intentionally or with willful disregard for safety. Courts rarely award punitive damages in personal injury cases.

Time Limits

The statute of limitations is the time you have to file a legal claim against the other driver. In D.C., that time is three years from the date of the accident. After that date, you cannot file any legal claim on your accident.

Your insurance policy may require you to wait until your insurer denies the initial claim (known as “exhausting your remedies”) before you can file a lawsuit. It’s essential to contact a car accident lawyer at the time of the accident, even if you don’t plan to sue the other driver.

Damage Caps

The District of Columbia does not have damage caps like many states. Large car accident claim payouts are rare since a claimant cannot recover if they have any fault in the accident.

Need Legal Advice? Contact a D.C. Car Accident Attorney

The combination of no-fault insurance coverage and contributory negligence means car crash victims need reliable legal advice right away. If you need to make an accident claim, contact an experienced D.C. personal injury attorney as soon as possible.