After a car crash, you may have multiple options for seeking compensation for your medical bills and lost income, depending on whether you live in a “no-fault” or “at-fault” jurisdiction. Washington, D.C., follows a modified “no-fault” system for car accidents. You will likely turn to your car insurance provider for compensation for medical expenses and lost wages, regardless of who may have caused the crash. However, under certain circumstances, you may have the right to pursue a legal claim against the party at fault for the car accident. A D.C. car accident attorney can help you evaluate your options and pursue all available avenues for financial relief.
What Is the Difference Between No-Fault and At-Fault Insurance Coverage?
States and districts in the U.S. typically choose between a no-fault or at-fault insurance coverage system. These two systems differ in the rights of car accident victims to pursue compensation for any injuries and losses they suffered in a crash.
No-Fault Insurance Coverage
In a no-fault system, drivers must purchase personal injury protection (PIP) coverage from their auto insurance company. PIP coverage pays the insured’s medical expenses and lost wages, no matter who caused the car accident. Injured motorists make their initial claim with their own provider.
That said, an injured car accident victim may have the right to pursue legal claims against the driver at fault for the crash. Doing so allows them to seek compensation for losses not covered by their own insurance, such as pain and suffering. However, no-fault states may require injured accident victims to meet specific thresholds to recover losses from an at-fault driver.
At-Fault Insurance Coverage
In an at-fault system, drivers do not have to purchase no-fault coverage for medical expenses or lost income they suffer due to a car crash. In some at-fault states, auto insurers do not offer PIP coverage at all. However, an injured car accident victim may immediately file a claim against the driver who caused the crash. This allows them to pursue compensation for a wider range of losses without first having to prove that they meet certain injury thresholds.
What Are the Car Insurance Requirements in Washington, D.C.?
Washington, D.C., follows a unique “choice” at-fault system. The District requires drivers to purchase insurance with a minimum amount of liability and uninsured motorist coverage (D.C. Code § 31–2406). Minimum required policy limits include:
- $25,000 per person and $50,000 per accident of third-party bodily injury liability coverage
- $10,000 per accident of third-party property damage liability coverage
- $25,000 per person and $50,000 per accident of uninsured motorist bodily injury coverage
- $5,000 per accident (with a $200 deductible) of uninsured motorist property damage coverage
However, D.C. Code § 31–2404 also requires car insurance companies to offer drivers the option to purchase no-fault personal injury protection coverage. PIP coverage in D.C. must provide benefits for medical treatment and rehabilitation expenses, lost income from missed work, and funeral benefits. PIP benefits cover the insured victim and an insured driver’s passengers.
Are There Exceptions to the No-Fault Insurance Rules in D.C.?
The District of Columbia’s no-fault system requires drivers involved in a car accident to contact their insurance company after a crash. Under D.C. Code § 31–2405, an injured car accident victim has 60 days after a collision to choose whether to receive PIP benefits from their insurance company. When an accident victim elects to receive PIP benefits, they can step outside the no-fault system and sue an at-fault driver only if:
- Their medical expenses and lost income exceed the limits of their PIP coverage, or
- The victim suffers substantial permanent scarring or disfigurement, a substantial permanent impairment, or a total impairment lasting for more than 180 consecutive days.
An injured accident victim who elects not to receive PIP benefits from their insurer may pursue compensation in a liability claim against an at-fault driver.
What Steps Should I Follow If I Have Been in a Car Accident?
After a car accident in Washington, D.C., you can take the following steps to protect your right to financial recovery:
- Report the crash to your insurance provider, and remember to choose whether you want to receive PIP benefits within 60 days of the collision.
- Follow your treatment plan and recovery instructions. Do not put off procedures or rehab appointments.
- Obtain copies of your medical records from your treatment and rehabilitation.
- Request a copy of the police accident report if law enforcement responded to the crash.
- Keep copies of your bills, invoices, and receipts of your accident expenses.
- Gather your pay stubs and income statements to help calculate your ongoing or future lost earnings.
You should also contact a car accident lawyer as soon as possible to discuss your legal options. They can help you determine which avenues offer the best path toward maximum compensation.
Does Washington, D.C., Have a Deadline for Filing a Car Accident Lawsuit?
If you choose to seek compensation from the at-fault driver, D.C. Code § 12–301 typically requires you to file your car accident lawsuit within three years of a crash. However, some exceptions may shorten or extend the amount of time you have to begin legal action. A car accident attorney can help you file your claims on time to avoid losing your right to compensation.
Contact a Washington, D.C., Car Accident Lawyer
If you’ve been hurt in a car accident in Washington, D.C., get experienced legal counsel who can help you seek the full range of compensation that may be available to you. Contact Marks & Harrison today for a free, no-obligation consultation to speak with a Washington, D.C., car accident lawyer about pursuing financial recovery for your medical treatment, lost income, and other losses.
