Is Washington, DC a No-Fault State for Car Accidents?
After a car accident in Washington, DC, you need to know how to file a claim. Should you go through your insurance company or contact the other driver’s insurance provider? How do you know what type of compensation you deserve? How will state laws impact your claim? An experienced car accident lawyer can help you understand your rights and next steps.
At-Fault vs. No-Fault vs. Choice No-Fault Car Accident Laws
States take one of three approaches in handling car accident claims.
In At-Fault states, the driver responsible for an accident must pay for the damage suffered by the innocent party. For instance, if a driver is rear-ended while stopped at a red light, the at-fault driver’s insurance is responsible for covering the innocent driver’s medical bills, lost wages, and pain and suffering. The at-fault driver’s insurance company will conduct an investigation to determine fault, but sometimes fault can only be established through a lawsuit because insurance companies often try to avoid paying. Most States follow the At-Fault method.
In a no-fault state, drivers file a claim with their own insurance when they get involved in an accident, including compensating for their medical costs. No-fault states often have streamlined insurance proceedings, since car accident victims do not have to wait for the other driver’s insurance to evaluate the accident and determine liability.
Finally, a limited number of states follow the Choice No-Fault method. These states allow a driver to choose which of the above methods will control their car insurance policy.
Is Washington, DC a No-Fault State?
Washington, DC has a modified no-fault law. Drivers may choose to carry Personal Injury Protection (PIP) insurance, which will cover the cost of medical care related to a car accident. Drivers who carry PIP insurance must opt for coverage after the accident. If they choose to use that coverage, they can only file a claim against the other driver’s insurance if:
- They suffer a medically demonstrable permanent impairment or permanent disfigurement because of accidents, such as injuries affecting the ability of the victim to perform what they normally do in their personal lives for more than 180 continuous days; and or
- The damages from the accident, including the cost of medical treatment and any wages lost because of the accident, exceed the protection offered by the PIP plan
If you decide to use PIP coverage after an auto collision, you must notify your insurance provider within 60 days of the accident. Failure to do so will cause the mandatory liability insurance coverage to apply. On the other hand, if you choose to file a personal injury claim through the other driver’s insurance, you will need to file the claim before the statute of limitations runs out. In DC, you must file your claim within three years from the accident date.
Do You Need an Attorney for a No-Fault Insurance Claim?
When you file a claim through your own insurance provider over the damages sustained in a car crash, you may still need an attorney. Contact a lawyer if:
- You have questions about the compensation you should expect or the coverage offered by your PIP policy
- Your insurance company denies your claim
- You need to file both a PIP claim and a claim against the other party’s insurance
- The insurance company denies the extent of your injuries or fails to offer full compensation for those damages
- The insurance company issues a very low settlement offer
Your insurance company, like the other driver’s insurance company, may try to reduce the costs it has to pay out in the aftermath of the accident. A knowledgeable auto accident attorney can help you assess your damages and fight for fair compensation for your losses.
Contact a Lawyer After a Car Accident in Washington, DC
If you suffered injuries in a car crash, you need a personal injury attorney to help you take a closer look at your rights and fight for the compensation you deserve. Contact Price Benowitz for a free case evaluation to help you understand your next steps after a Washington, DC car accident.
