Here’s how to protect your rights and build a strong injury claim after a Washington D.C. car accident.
On average, More than 35 people are killed in Washington D.C. vehicle crashes each year.¹
Washington D.C. is a no-fault state, meaning accident victims can use their own auto insurance for injury claims, no matter who is at fault. However, no-fault Personal Injury Protection (PIP) coverage is not mandatory, so it’s also possible to file a claim or lawsuit against the at-fault driver.
What to Do After a Washington D.C. Car Accident
Drivers who violate Washington D.C. car accident laws risk fines, traffic citations, and possible jail time, depending on the violation. Here are five steps you can take after a crash to protect your interests.
1. Stay At the Scene and Exchange Information
Washington D.C. drivers are required to stop at the scene of an accident. If anyone is injured you must remain at the scene until police arrive and give your information to police and the injured party.
2. Call 911 and Help the Injured
In Washington D.C., drivers are required to report any accident to the police that involves injury or death. Calling 911 and waiting for police to arrive satisfies your obligation to report the crash.
Washington D.C. requires drivers to call 911 to ask for an ambulance when anyone is injured. When you call 911 to report the accident, tell the dispatcher if anyone may be injured or is asking for medical help.
3. Seek Prompt Medical Treatment
It’s important to have a thorough medical evaluation after an accident. Some injuries don’t show symptoms right away, or your symptoms may be masked by shock and adrenaline.
Delaying medical attention after a vehicle accident not only risks your health, it also gives the insurance company an excuse to deny or minimize your claim. The adjuster will say your injuries aren’t from the crash, or that you share fault for your injuries because you waited.
Let paramedics evaluate you at the scene. If they want to transport you to the hospital, let them take you. If you aren’t taken directly to the hospital in an ambulance, seek medical attention on your own. See your primary care provider or visit an urgent care center, preferably on the same day as the accident.
Tell the doctor about every injury and symptom, not just the most obvious ones. You are entitled to compensation for all your injuries, but you’ll need a record linking your injuries to the accident. Detailed medical records are vital proof of your injuries when filing a claim or lawsuit.
4. Gather Evidence From the Scene
You will need proof of your injuries for any type of claim. If you have an injury claim that exceeds the no-fault threshold, or you want the at-fault driver to pay for your losses, the burden is on you to prove the other driver caused the accident.
You’ll need evidence to show that the other driver did something wrong or failed to do what a reasonable person would do to prevent the crash.
The police crash report is strong evidence of fault, especially if the other driver was ticketed for a traffic violation. Other types of evidence include:
- Photographs and video of the crash scene
- Names and contact information from witnesses
- Your notes about the accident
5. Notify Both Insurance Companies
If you are handling your own insurance claim, you’ll need to notify both your own insurance company and the at-fault driver’s company as soon as possible after the accident.
Washington D.C. is a no-fault state, to the extent that you are allowed to choose between using your own PIP coverage or filing an insurance claim or lawsuit against the at-fault driver.
Why Notify Your Own Insurance Company?
Even if you don’t intend to make a PIP claim, you must notify your own insurance company.
Your auto policy is a legally binding contract that includes “notification and cooperation” language. This language requires you to notify your insurance company of an accident right away, no matter who’s at fault. In return, your insurer has a duty to defend you against lawsuits filed by other people involved in the accident.
For example, if you’re sued, your insurance company will usually pay for a defense attorney to represent you in court. You risk losing that protection if you fail to notify your insurance company or don’t cooperate with their accident investigation.
If you hire an attorney, your attorney will look out for your best interest with both companies. Severe or complicated cases should always be handled by an experienced personal injury attorney.
Washington D.C. Fault and Liability Rules
Washington D.C. is considered a no-fault state because insurance companies are required to offer no-fault Personal Injury Protection (PIP) coverage of at least $50,000. You can waive PIP coverage altogether, or choose to file a claim with the at-fault driver’s liability carrier even when you have PIP.
If you file a PIP claim, you are generally prohibited from filing a lawsuit against the at-fault driver, unless your injuries exceed the no-fault threshold.
Injuries exceed the Washington D.C. no-fault threshold when medical expenses are more than your PIP coverage, or the injuries result in disfigurement or a physical disability.
When you go after the at-fault parties for compensation, you must prove the other driver’s fault to the insurance company or a jury.
Washington D.C. Shared Fault Rules
Washington D.C. follows the pure contributory negligence rule, meaning car accident victims are barred from seeking injury compensation if they share any blame for the accident.
There’s an exception if the victim was a pedestrian or “vulnerable user” who was using a bicycle, motorcycle, electric bike, or other personal mobility device. Pedestrians and vulnerable users can make a claim so long as they are less the 50 percent to blame for their injuries.
Example of Contributory Negligence in Washington D.C.
Roger was dictating on his cell phone while driving along 19th Street when Gail, a messenger on a motorbike pulled into his lane. After about a minute, traffic stopped for a red light.
It took Roger a few seconds to realize traffic was stopping, and he made contact with the rear of the bike before he was able to stop. Gail was thrown from the bike and suffered arm and shoulder fractures.
Gail filed a claim with Roger’s insurance company. The insurance adjuster blamed Gail for the accident, arguing that her bike didn’t have adequate brake lights and that she assumed the risk of riding a motorbike in traffic. So Gail sued Roger, asking for $50,000.
Roger’s side argued that Gail was entitled to nothing under the District’s contributory negligence law. Gail’s side argued that Gail was a “vulnerable user” under the contributory negligence law’s limitation and therefore entitled to compensation.
After hearing from both sides during trial, the jury determined that Roger was 60 percent to blame for the collision because he was following too closely and distracted. However, Gail was 40 percent to blame because her motorbike did not have proper lights.
Gail was awarded $30,000, representing a 40 percent reduction to account for her share of the fault.
Washington D.C. Car Accident Compensation
The average settlement for a moderate car accident claim in Washington D.C. is $37,750, with average payouts ranging from $5,564 for minor injuries to $315,000 for severe injuries.
Million-dollar car accident payouts are rare, and not included in calculations of averages, to avoid inflating the average payout for the group.
Injury settlements in Washington D.C. can vary widely, depending on the circumstances of the crash and the severity of the victim’s injuries.
For example, look at these two rear-end accident cases with low and high payouts:
- In the District of Columbia, Washington v. Roberts, 00CA007839, the plaintiff was awarded $883 for soft-tissue injuries. The defendant disputed the extent of the plaintiff’s claimed injuries.
- Also in the District of Columbia, Park v. Bushong, 00ca001281, the jury awarded $1.5 million to a victim who was rear-ended so hard that he suffered a paralyzing spinal cord injury.
Use our free Washington D.C. Personal Injury Calculator to get a potential range for your settlement.
Factors that impact Washington D.C. car accident compensation:
- Injury severity
- Shared fault
- Available insurance coverage
- Number of vehicles involved
- Number of injured victims
Commercial vehicles, like tow trucks and tractor-trailers, carry higher levels of liability insurance than most personal vehicles. Accidents caused by commercial drivers in large vehicles often result in more severe injuries and higher payouts.
Washington D.C. State Minimum Insurance Requirements
All motor vehicles registered in Washington D.C. must carry auto liability insurance of at least $25,000 per person/$50,000 per accident, and $10,000 for property damage.
Washington D.C. requires auto policies to have mandatory uninsured motorist (UM) coverage equal to the liability limits. Insurers must also offer underinsured motorist (UIM) coverage equal to the policy’s liability limits, however the policyholder may reject the UIM offer.
How to Calculate a Minor Injury Settlement
If you choose to file an injury claim under your PIP coverage, you can expect to be covered for reasonable medical costs and a portion of your lost wages. PIP won’t pay for pain and suffering.
If you choose to file a liability claim against the at-fault driver, you can estimate the settlement value of a mild to moderate injury claim by adding up your economic damages (such as medical bills, out-of-pocket expenses, and lost wages), then adding one to three times that amount to account for your non-economic damages, better known as pain and suffering.
The amount the adjuster will pay for pain and suffering depends on how much your injuries interrupted your life after the accident. A multiple of one is reasonable for a few days on the couch with a heating pad. A multiple of two or three is justified for a slipped disc that limited your activities for several months.
Serious injury claims should be handled by an experienced car accident lawyer for the best outcome, including compensation for past and future medical expenses, lost earning capacity, and the pain and suffering experienced by victims with disabling physical injuries.
Visitor Questions: Washington D.C. Car Accidents
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