Washington DC follows a modified “no-fault” approach to car accidents. If you suffered injuries in a car accident, your auto insurance should cover your medical bills and lost income, regardless of who caused the accident. However, in some situations, you may file a legal claim against the other driver (or drivers) involved in the crash whose negligence caused it to happen, or the “at-fault” drivers.
It can be highly stressful for many people to figure out how the no-fault system works after a car accident and deal with insurance companies. However, an experienced Washington DC car accident attorney at Marks & Harrison can help you understand the process and seek maximum compensation for you.
Who Determines Fault in a Washington DC Car Accident?
Several parties may determine who was at fault in a car accident, including the police, insurance companies, and a judge or jury. Each can play a critical role in resolving a personal injury claim.
Police Officers
Typically, police officers are the first ones to arrive at the accident scene. They will secure the scene, ensure everyone’s safety, and document what occurred. They also will collect physical evidence and take photographs of all vehicles involved in the crash and the surrounding area, including your car, the other car, skid marks, and damage to nearby structures at the accident location.
Additionally, a police officer at the accident scene will take detailed driver statements and statements from passengers and other witnesses. The officer may also determine whether a violation of traffic laws or other state laws caused the accident, such as going faster than the posted speed limit, distracted driving, or drunk driving.
Although the police accident report may contain an initial fault determination, it does not officially decide who is at fault. Regardless, it can be a critical piece of evidence that insurance companies and attorneys use to sort through the accident details and develop their cases.
Insurance Companies
After a car accident, insurance companies may also determine liability. An insurance adjuster will analyze the available evidence, including police reports, physical evidence, photographs, cell phone records, medical records, witness statements, and more. The insurance company’s goal is to decide who caused the accident and calculate the financial responsibility of each party.
Insurance companies prioritize their profits over payouts to injured parties, including their policyholders. To save money, the other driver’s insurance company may try to shift blame from the negligent party to you or downplay the severity of your injuries. Having a lawyer to protect your rights and interests is crucial.
Judge or Jury
If there is a dispute over fault or insurance negotiations reach a stalemate, your car accident case might go to court in Washington DC. A judge or jury will review all evidence, determine who was at fault, and calculate compensation.
Due to the contributory negligence rule, this process can be challenging in Washington DC. The courts will scrutinize every detail of the case, making it crucial to have solid legal representation to present compelling evidence that fully clears you of undue blame for the accident.
What Is the Contributory Negligence Rule in Washington DC?
Some jurisdictions operate under comparative negligence or modified comparative negligence laws. Under those laws, you can recover compensation for your injuries even if you share some fault in a car accident. Washington DC is not one of those jurisdictions.
Washington DC has one of the strictest liability laws in the country — the contributory negligence rule. Unlike a comparative negligence law, you cannot recover compensation even if you are only 1 percent at fault for an accident. For example, if a driver rear-ends your vehicle, but you had changed lanes without signaling just before the collision occurred, the insurance company might argue you share some blame to evade financial responsibility.
This strict rule often gives insurers some leverage to deny claims, making it essential to have an aggressive legal advocate to build a strong case for you when fault is determined in an auto accident.
What Is the Difference Between a No-Fault and an At-Fault Insurance State?
No-fault and fault-based insurance states handle auto accident-related expenses differently. These differences impact how and when you can pursue compensation for your injuries and losses. Washington DC is a modified no-fault district, where unlike in strict no-fault states, there are no limits on your ability to sue an at-fault driver after an accident in DC. Personal injury protection (PIP) coverage is an optional add-on for your insurance policy and is not required in DC. However, it is required that insurers offer the additional PIP coverage in DC. Thus, in DC if you carry the optional PIP coverage, you may choose between filing a claim for compensation against the at-fault driver or filing a claim for compensation from your own PIP policy. In typical no-fault insurance states, PIP is usually required. Here are a few more characteristics of no-fault insurance states:
- Fault is not a factor — In a no-fault system, individuals use their PIP coverage to pay for medical expenses and lost wages, regardless of who was at fault.
- Limited ability to sue — Drivers can file lawsuits against the at-fault party only if their injuries are severe or their costs exceed a legal threshold.
- Faster claims process — Since there is no need for an initial fault determination, victims can receive compensation more quickly.
- Fewer court cases — The no-fault system minimizes the need for litigation in minor car accidents, minimizes court involvement, and reduces legal expenses.
By comparison, at-fault insurance states require the driver responsible for the crash to pay for medical bills, lost wages, and other related expenses. Other characteristics of an at-fault system include:
- Fault is a significant factor — To recover compensation, victims must prove that another driver caused the accident due to their careless or reckless driving.
- Greater ability to sue — Victims can pursue legal action to recover medical expenses, property damage, lost wages, and pain and suffering.
- Higher premiums for at-fault drivers — Drivers determined to be at fault in a crash can face higher insurance premiums due to their liability.
Are There Certain Situations Where “No-Fault” May Not Apply?
Typically, no-fault insurance states limit the ability to file lawsuits against other parties after a car accident. Unlike no-fault states, DC is a modified no-fault state and there is no limit to your ability to file a lawsuit against the at-fault party. However, you must choose to either file a claim for compensation against the at-fault driver or file a claim for compensation from your PIP policy, and you must make this decision quickly after the accident. When you choose to file a claim with your own PIP policy, you may be giving up your right to take legal action against the at-fault party. However, exceptions exist for severe injuries or significant property damage. These exceptions allow victims to seek additional compensation from the at-fault party even after utilizing PIP benefits. Here’s how these exceptions apply in Washington DC:
- Serious injuries — Victims can file lawsuits against other parties if their injuries meet the state’s threshold for serious injuries, including those that result in substantial permanent scarring or disfigurement, substantial permanent impairment, significant loss of function, or long-term disability.
- Monetary thresholds — When medical or other car accident-related costs surpass a certain financial threshold, victims may sue the at-fault driver for additional compensation. Such as, if the medical expenses of a victim exceeds the amount of PIP benefits available in your policy. Each state sets its threshold, which varies widely.
- Non-economic damages — In some car accident cases, exceptions allow lawsuits for non-economic damages, such as compensation for pain and suffering, when injuries meet the threshold.
What Is the Statute of Limitations in Washington DC for Filing a Car Accident Claim?
The statute of limitations sets a deadline for filing a claim after an auto accident. In Washington DC, the timeframe depends on the type of claim:
- Personal injury — Victims have three years from the auto accident date to file for compensation for medical bills, lost income, and pain and suffering caused by bodily injury they suffered.
- Wrongful death — Families have two years from the date of a loved one’s death to pursue a claim for compensation in a wrongful death claim.
- Property damage — Like claims for bodily injury, you must file claims on vehicle damage or property repair within three years of the car crash.
If you fail to file a claim before the deadline, you may forfeit your right to pursue car accident damages through a personal injury lawsuit. So, it is crucial to seek legal help as soon as possible after you suffer injuries in a crash.
Contact a Washington DC Car Accident Lawyer
Determining who is at fault in a car accident may seem overwhelming. You should seek help from an attorney who knows how to establish fault in car accident claims and will work hard to protect your rights when dealing with car insurance companies.
Marks & Harrison has fought for car accident victims in the Washington DC area for more than 100 years and recovered millions of dollars in compensation for our clients. Our attorneys, many of whom have worked for insurance companies, know how to use their insider knowledge to counter common tactics and pursue fair outcomes for our clients. If you were hurt in a car accident in Washington DC, contact us today and allow us to review your case in a free consultation.
