Filing a car accident claim in Washington, DC starts by notifying your insurance company as soon as possible after the crash. You’ll need to provide basic information such as the date, time, and location of the accident, the contact and policy details for all involved drivers, and a brief description of what happened.
Some insurers also require you to submit any police report, photos of the vehicles or scene, medical records, and repair estimates.
Complete any required forms your insurance company provides, and be sure to keep records of all medical care, missed work, and communications with everyone involved. It’s important to follow up regularly until you receive confirmation that your claim has been filed and is under review.
Once your claim is opened, the focus typically shifts to determining fault and identifying which insurance policy is responsible for paying your damages. Because Washington, DC follows a fault-based system, the at-fault driver’s insurance company is usually responsible for covering medical expenses, lost wages, property damage, and pain and suffering.
An insurance adjuster will review the police report, photos, medical records, and other evidence, and may contact you for additional information.
This investigation process can take time, and insurers may question fault or the severity of injuries, which is why it’s important to be cautious in your communications and to continue documenting your treatment and losses while the claim is under review.
Make Sure You Understand Washington DC’s Contributory Fault Laws
As stated above, Washington, DC uses a fault-based system for car accident claims, which means the at-fault driver’s insurance company is generally responsible for paying for any damages. However, sometimes, both parties are somewhat at fault. If you’re partially at fault for the accident, it’s critical that you understand the effect this has on your claim.
DC follows the legal rule of pure contributory negligence. If a determination is made that you are even slightly at fault for the accident – just 1% – you can be completely barred from recovering any compensation from the other party. Because of this strict rule, it’s crucial to handle every step of your claim (from statement to evidence gathering) very carefully and seek legal advice immediately if there’s any question about fault.
Mistakes to Avoid When Filing a DC Car Accident Claim
The way you handle your car accident claim can have a major impact on what compensation you might receive. Avoiding these common mistakes can help protect your rights and make sure your claim isn’t denied or reduced:
Giving Recorded Statements Without Understanding the Risk
Giving a statement up front, even to your own insurer, might be used against you if your words could weaken your injury claim or get taken out of context. It’s always a smart move to at least schedule a free consultation with a lawyer before taking this step.
Admitting Fault or Apologizing
Even something as saying you’re sorry after the accident could be used against you, especially in a place like DC where contributory negligence is used. Even if you aren’t actually admitting blame, it’s best not to say anything to this effect.
Delaying Medical Treatment
Waiting days or weeks to see a doctor after your accident can be seen as a sign that your injury was not serious, and can give the insurance company reason to question if it was unrelated.
Posting About the Accident on Social Media
Insurance companies and car or truck accident lawyers may monitor your social media. Comments online can be misunderstood and used against you in your claim. It’s best not to post at all while your claim is ongoing.
Steering clear of these simple mistakes can make a significant difference in your case. If you have questions about what to do or what not to do after an accident, call us today to schedule a free consultation with a DC personal injury attorney.