Understanding the statute of limitations for car accident claims in Washington, D.C. is crucial for protecting your rights and your ability to recover compensation. This legal deadline determines how long you have to file a lawsuit after a crash – waiting too long or failing to act in time can mean your claim is thrown out, no matter how strong your case may be.
Many accident victims in Washington, DC don’t realize how strict or unforgiving the timeline can be until it’s too late. Knowing these rules is the first step to making sure valuable evidence is preserved and that you recover damages for medical bills, vehicle repairs, missed work, and pain and suffering.
General Deadline For Car Accident Claims in DC – 3 Years
In Washington, D.C., the general statute of limitations for filing a car accident claim is three years from the date of the crash. This means you have three years to file a lawsuit seeking compensation for your injuries, lost wages, or property damage related to the accident.
(a)] Except as otherwise specifically provided by law, actions for the following purposes may not be brought after the expiration of the period specified below from the time the right to maintain the action accrues: (3) for the recovery of damages for an injury to real or personal property— 3 years;
If you try to file after this window closes, the court is likely to dismiss your case, regardless of how serious your injuries are or how clear the other driver’s fault might have been.
Discovery Rule Can Extend The Deadline
The statute of limitations in Washington DC doesn’t always start running on the day of the accident. Instead, it begins when you first actually know or reasonably should have known about your injury, what caused it, and that it may be connected to someone else’s wrongdoing.
This means if your injuries or their cause aren’t obvious right after the crash, the deadline is extended. This rule ensures that people won’t lose their right to file a claim if important facts weren’t available immediately.
Exceptions to The General Statute of Limitations
In some car accident cases, there are exceptions to the general 3-year deadline.
Victim is Under 18
If the injured person is a minor, the three-year statute of limitations does not start until they turn 18 years old. This gives children and teenagers a fair chance to file claims once they reach adulthood.
Mentally Incapacitated
If someone is mentally impaired and can’t bring a lawsuit, the clock for filing doesn’t begin until their incapacitation ends (when competency is restored).
Defendant Leaves State
When the person responsible for the injury leaves Washington DC, the statute of limitations may be paused (tolled) for the period they’re out of state and can’t be served with legal papers.
Injured Part is Imprisoned
If the injured party is in prison at the time of the accident, the time limit is paused while they remain incarcerated and restarts once they are released.
Claims Against The Government
Cases involving government agencies or employees have a much shorter deadline. You must file a formal notice of claim within six months from the injury date if you want to pursue a claim against the District of Columbia or its representatives.
Fraudulent Concealment
If the person or company responsible for your injuries hides their actions or role in causing harm (known as fraudulent concealment), the statute of limitations is paused until you discover or reasonably should have discovered the fraud.
These exceptions ensure injury victims aren’t unfairly barred from pursuing justice. To make sure you file your claim on time, reach out today to schedule a free consultation with a Washington D.C. personal injury lawyer.