In Washington DC, there are many dangers and hazards on the road. If you have been injured in a car accident in Washington DC, you should know your rights so that you can be properly compensated.

“No-fault” Insurance in Washington DC

Washington, D.C. Observes a no-fault car insurance system in their district. This means that in any kind of vehicular accident, regardless of who is at fault, the parties must file with their own insurer first. So, if you are involved in a car accident in Washington DC, you must start and end your claims with your insurance provider, and your claims will depend on the policy you hold.

In Washington, D.C., the government strictly requires drivers or car owners to carry at-least a minimum insurance coverage. If you plan to pursue and file a lawsuit due to a car accident, the insurance of the parties involved can greatly affect the outcome of the case.

Situations where “no-fault” does not apply

There are certain cases that can be exempted from the no-fault system and allow an individual to file a lawsuit. There are two instances in the District of Columbia in which an individual can make demands, and file a case against the other driver. In these situations, and individual can claim the proper allocations of a liability or personal claim against the other. The following are the allowed exemptions:

  1. Medical expenses and lost income exceeded the limit of your personal injury insurance policy.
  2. Injuries which include substantial permanent scarring or disfigurement, substantial permanent impairment, or substantially total impairment that lasts 180 days or more.

If the claim is not in the above-mentioned instances, and still want to pursue filing a lawsuit, then it would be best to understand the duration and process of filing for a car accident injury claim.

In Washington, D.C., it typically takes three years after the vehicular accident occurred, to file a lawsuit for your personal injuries or the damage of property.

Partial Fault

For drivers who are just partially at fault, Washington, D.C., follows a stricter rule compared to other states. In most states, the driver who is just partially at fault can still demand claims to the other driver/s who is/are at fault. However, the recoverable claim for the damages is reduced.

In Washington, D.C., the courts have a rule for those partially at fault, called “contributory negligence”. Meaning, the only time you can recover in a personal injury lawsuit is when you do not have any fault in any way for the accident that happened to you.

Benefits of Hiring a Personal Injury Attorney

The best way before deciding to file a case is to seek advice from a lawyer. Washington DC has complicated rules which decide how to allocate damages incurred from a car accident. Understanding how to file your case correctly so that it is covered by insurance or interpreted correctly by a judge/jury is essential for having a positive result. There are situations in which individuals pursue a lawsuit with legitimate reasons, but are awarded no compensation due to the evidence presented in court.

If you have been injured in a car accident in Washington DC, it is important that you receive the compensation you deserve. Depending on your situation, you may have incurred physical injuries, mental injuries, have been forced to take time off of work or are now responsible for expensive medical bills.

Have You Been Involved In A Car Accident In Virginia, Maryland or Washington D.C.?

If you've been hurt in a car accident you need to speak with an experienced car accident attorney as soon as possible. Please contact us online or call our Vienna, Virgnia office directly at 703.991.7978 or our Rockville, Maryland office at 301.637.5392 to schedule your case consultation.

Lawrence Tucker
Providing foreclosure & bankruptcy defense in Virginia, Maryland and Washington D.C. for over 20 years.