When it comes to car accidents, “no-fault” and “at-fault” refer to how insurance claims are handled after a crash. In a no-fault system, your own insurance pays for your medical bills and certain losses, no matter who caused the accident.
In an at-fault (or “tort”) system, the driver who caused the collision and their insurance become responsible for paying damages.
Whether Washington, DC is a no-fault or at-fault state affects how you recover costs, which policy applies, and if you can sue the other driver for injuries, so it’s important for accident victims to understand how these rules work. For more information and legal counsel, contact our skilled car accident attorney in Washington DC for a free case evaluation.
Washington D.C. is a No-Fault Jurisdiction – But There Are Exceptions
Washington, D.C. follows a no-fault approach to car accidents, but important exceptions let injury victims still seek additional compensation in certain situations.
No-Fault Insurance System Basics
After a motor vehicle crash in D.C., drivers are required to first file a claim with their own auto insurance for medical bills and lost wages, regardless of who caused the accident. This system relies on Personal Injury Protection (PIP) benefits, which pay your expenses up to the limits of your policy.
You have only 60 days from the date of the accident to decide if you want to pursue PIP benefits from your insurer. Once you make this choice, you give up your ability to immediately file a lawsuit for injuries against the other party, except in certain cases.
When You Can Sue After an Accident
There are exceptions to the no-fault limits. You can file a lawsuit for more damages against the at-fault driver if you fall into any one of the following situations:
- Your medical expenses and lost income go above what PIP covers,
- You suffer a substantial permanent scar or disfigurement,
- There is a substantial permanent impairment,
You experience total impairment for more than 180 days straight.
Choosing to Use a No-Fault System From the Start
If you choose not to take PIP benefits within 60 days, you have the option to immediately pursue a liability (at-fault) claim against the other driver.
This means you bypass your PIP and attempt to recover compensation directly, sometimes for greater damages, but you do this by giving up your automatic no-fault benefits.
This Decision Is Binding
Once you make your choice – whether to use the no-fault system or to sue – you generally can’t do both unless your injuries fit into a serious exception listed above.
This is why your filing decision right after the crash matters, and legal guidance can be valuable as you weigh your best options.
How a Car Accident Attorney in DC Can Help
Getting support from a personal injury attorney in Washington D.C. can make all the difference after a car accident in Washington, D.C., especially when you’re faced with complicated choices and strict rules. They’ll assist in the following ways:
- Help you weigh the pros and cons of choosing no-fault benefits versus filing a lawsuit, making sure you make the decision that protects your long-term interests.
- Ensure that every step is completed on time, from reporting the crash to filing insurance paperwork and lawsuits, so you don’t risk forfeiting your right to compensation.
- Handle the negotiations with insurance companies, manage all communications, and gather strong evidence to strengthen your claim and fight for the highest possible payout.
If you’ve been hurt in a D.C. truck accident or car accident, contact us today to schedule a free consultation with a car accident lawyer.