After a car crash in Washington, D.C., injured motorists understandably feel worried when they learn the at-fault driver has no auto insurance. Fortunately, D.C. law requires all car insurance policies issued in the District to include uninsured motorist coverage. This type of insurance allows drivers to seek compensation for their injuries through their own insurer.
Understanding your insurance policy can be challenging in even the best circumstances. After a collision with an uninsured driver, a Washington, D.C., car accident lawyer can help you determine the scope of your uninsured motorist coverage and guide you through the insurance claim process.
What is Uninsured and Underinsured Motorist Coverage?
Washington, D.C., operates according to a no-fault system for car accidents. This means D.C. drivers must first file a car accident claim with their insurance company to seek compensation for their injuries and losses. If those losses exceed their policy’s available coverage, they can file a personal injury claim against the at-fault party, but only if they share no blame for the accident.
Washington, D.C., requires insurance companies to provide their policyholders with uninsured motorist coverage (UM). Uninsured and optional underinsured motorist coverage (UIM) allows accident victims to recover compensation through their insurer when the other driver doesn’t have the required liability coverage or their policy limits are too low to compensate the injured driver fully.
Underinsured and uninsured motorist coverage pays the victim for losses they could have recovered from the at-fault driver if they had been adequately insured. Compensation can include money for medical bills, lost wages, pain and suffering, and other losses.
What are Washington, D.C.’s Uninsured Motorist Coverage Laws?
D.C. law requires auto insurance providers to include uninsured motorist coverage in all auto insurance policies with a minimum policy limit of $25,000 per person and $50,000 per accident. However, policyholders may purchase higher limits of uninsured motorist coverage.
Auto insurers must also offer UIM coverage equal to the uninsured motorist coverage policy limits. However, policyholders may reject underinsured motorist coverage in writing. Contact our Washington DC car accident lawyer today.
What is Stacking Coverage?
Stacking coverage typically applies to UM/UIM coverage in auto insurance policies. A policyholder may “stack” their UM/UIM coverage by combining coverage limits for multiple vehicles listed in their policy to increase the amount of coverage available for a single accident.
For example, suppose a person has two vehicles insured under their policy, which provides $25,000 per person and $50,000 per accident of UM/UIM coverage. If that person gets into a car accident, they may have the right to stack their UM/UIM coverage for both vehicles in their policy to double their available injury coverage to $50,000 per person and $100,000 per accident.
Policyholders may also have the option of stacking coverage across multiple insurance policies. However, insurance companies typically charge higher premiums for policies permitting stacking UM/UIM coverage.
Some states prohibit policyholders from stacking their UM/UIM coverage. D.C. law permits stacking but allows insurance companies to include contract language in policies prohibiting this practice.
How Do You Prove Fault for an Auto Accident?
To recover compensation through your UM/UIM policy, you must prove that the other driver caused the traffic accident. Evidence you might use to prove fault in a car accident case includes:
- Police accident reports, arrest records, and citation records
- Eyewitness testimony
- Accident scene photos and videos
- Surveillance, traffic camera, or dashcam footage
- Post-accident vehicle inspections
- Drivers’ cell phone records and social media posts
- Vehicle maintenance and repair records
Sometimes, auto accident claims benefit from analyses done by accident reconstruction experts. These professionals will review evidence from the crash and provide reports and testimony explaining, to a reasonable degree of scientific certainty, how the collision occurred and who caused it.
What Should I Do After an Accident With an Uninsured Driver?
Taking prompt action after a motor vehicle accident with an uninsured driver can protect your rights to seek financial compensation. You should:
- Report the accident to law enforcement and obtain copies of the police crash report.
- Seek immediate medical attention to identify injuries sustained in the crash.
- Follow your doctor’s treatment plan and recovery instructions. Do not put off medical procedures or rehab.
- Request copies of your medical records.
- Keep all bills, invoices, and receipts for all crash-related expenses, including medical care, vehicle repairs, or replacement services like housekeeping or childcare.
- Gather your pay stubs or income statements to calculate your lost earnings if you need to take time off work or transfer to a lower-paying position due to medical restrictions resulting from your injuries.
- Avoid discussing the accident on social media or posting photos or videos of yourself engaged in activities while healing from your car accident injuries.
Finally, contact a Washington, D.C., car accident attorney as soon as possible to discuss your legal options and next steps for seeking financial recovery.
What if I Was Hit by a Hit-and-Run Driver?
Did the at-fault driver flee the scene of the accident? Fortunately, your uninsured motorist coverage can help pay for your injuries and losses if police cannot locate the hit-and-run driver. That way, you will not be left to pay your medical bills and other accident-related expenses out of pocket.
Contact a Washington, D.C., Car Accident Attorney
If you suffered injuries in a D.C. car crash caused by an uninsured driver, you may be able to recover compensation for your medical expenses, lost wages, pain and suffering, and other damages through your UM coverage. Contact Marks & Harrison today to learn your legal options in a free consultation with a D.C. car accident lawyer.
