Understanding Car Accident Claims in Washington, D.C.
What is a car accident claim? It’s a legal action by which you can seek compensation for your injuries and other losses from a collision. Typically, you submit a claim against the other driver’s insurance policy. Most people don’t have enough personal assets to cover someone else’s medical bills and other losses, so insurance provides financial protection for these situations. You can file a personal injury lawsuit directly against someone, but you’re usually better off pursuing an insurance claim and trying to settle without litigation.
To “win” a car accident claim and recover compensation, you must prove that someone else caused the collision (and your resulting injuries) because they acted carelessly. Careless driver behaviors include everything from speeding and tailgating to distracted or impaired driving.
Another driver isn’t the only one who might be responsible for your injuries, though. For instance, vehicle defects (faulty brakes, tires, etc.) contribute to many crashes in Washington, D.C. In these situations, the automaker or a third-party parts manufacturer might share liability with another driver or be solely responsible for your crash.
Immediate Steps After a Car Accident
Your first instinct after a D.C. car accident is likely to call 911. That’s a good start, but there’s more to do at the scene.
You can’t file a claim against someone if you don’t have their basic information. Ask any drivers involved in the collision for their name, address, and phone number. Next, ask for their insurance information, including their employer’s insurance information, if they were working when the crash happened. Taking photographs of their driver’s licenses and license plates is extremely helpful.
Once you call 911 and the police arrive, tell them everything you remember about the crash. Be descriptive and thorough, but watch out for potential traps.
For example, do not admit responsibility for the crash and be clear that the other driver was the cause of the accident. Legally, you won’t know who’s responsible for an accident until a lawyer can investigate, and mistakenly admitting fault or speculating could complicate an insurance claim. Similarly, describe all your injuries and do not leave any out, but do not exaggerate or embellish. If you fail to mention an injury or an insurance company thinks you’re exaggerating your injuries, they’ll be more aggressive when contesting your claim, making your case more difficult than necessary.
Medical Attention and Documentation
Another critical factor in Washington, D.C. car accident claims is detailed medical records. It is not necessary to take an ambulance from the accident scene, but you should see a doctor immediately, no matter how you feel. Tell the doctor you were in a car accident, and then describe all your symptoms in detail, even those that seem minor. (Minor injuries can and often do get worse in the weeks after a crash.) Your doctor will record everything you say, and you can use those medical records later to support your claim.
As your treatments progress, your attorney will order your medical bills and records. Those are the evidence of your injuries from the accident. You’ll need your doctor’s notes, any imaging tests your doctor performs (X-rays, MRIs, etc.) and the associated reports, results from any blood work, and your medication details. The more detailed your medical file is, the easier it is to demonstrate how your injuries happened and might affect you long-term.
Documenting the Accident Scene
If your injuries permit, document the crash scene before seeking medical attention. You have the best view of the wreckage, and anything you find to support your claim can make a significant difference.
For instance, photos or videos of the damage to the cars involved can indicate the angle of impact, which can suggest who caused the crash. So, if you have significant damage to the rear of your car, that suggests the other driver hit you because they were tailgating, distracted, etc. Likewise, pictures or videos of skid marks and debris at the scene can be valuable for forensic accident investigators, as they give them more data to work with. Also, photographs of where the vehicles were located in the roadway after the accident can also help prove your claim.
There’s one more thing you’ll need to document the crash scene: The police accident report. Your lawyer can request the report, but you can make things easier on them and yourself by noting the name of the officer who responds to the scene, which agency they work for, and your case number.
Dealing with Insurance Companies
While insurance companies don’t directly cause car accidents, they’re your primary opponents in accident claims. They have deep pockets and are financially liable for crashes their policyholders cause. Insurance adjusters often act friendly, but they can be ruthless when protecting their bottom line. So, be careful when speaking to any insurance representatives.
The best way to deal with an insurance company is simple: Don’t. There are too many ways to say or do something that might hurt your claim. If you give a recorded statement before you fully understand your injuries, the insurance company might think you’re lying when you submit your claim.
Likewise, a careless comment or seemingly innocent apology might suggest you caused the crash. You might have been trying to be polite when you told the other driver, “I’m sorry,” but an insurance company cares about its profits above all other concerns. If they can shift the blame for the crash to deny you compensation, they will do so without hesitation.
Let a lawyer deal with the insurance companies instead of giving yourself a literal or figurative headache. Personal injury attorneys know how insurers think and operate, which means they know what to say or not to say to guard your rights.
Your lawyer can also handle any records requests from an insurer to give them the information they need without compromising your rights or privacy. For example, the insurance companies will likely request your medical records. That sounds reasonable, but they’re likely looking for evidence of pre-existing conditions or other reasons to reduce your compensation. Your attorney can supply the necessary medical records without disclosing info they don’t need.
Understanding Your Legal Rights
Living in Washington, D.C. means dealing with legal issues people in other states don’t face. One of these issues is the District’s unusual auto insurance system. You have the right to compensation for your injuries when someone else causes a crash, but how many legal hoops you must jump through depends on your insurance coverage.
No-Fault Insurance vs. Tort Claims in DC
All drivers with vehicles registered in Washington, D.C., must have liability coverage. Liability coverage protects you financially when you injure someone or damage their property in a crash. It does not cover your injuries or damage to your vehicle, though other coverage can. The minimum liability insurance amounts in D.C. are:
- $25,000 for injuries to one person in a crash.
- $50,000 for injuries to multiple people in a single crash.
- $10,000 for damage to someone else’s property.
That’s not all, though. All drivers in D.C. must also purchase uninsured motorist coverage. Uninsured motorist coverage covers your injuries when the driver who hits you doesn’t have insurance, flees the scene, or, in some cases, does not have sufficient insurance to fully pay your claim. You must have at least $25,000 in uninsured motorist coverage for injuries and $5,000 in property damage coverage.
When someone else causes a crash and injures you, you can file an insurance claim against them to seek compensation through their liability coverage. However, their insurance company won’t accept your claim without evidence. You must prove that the other driver caused the collision and your resulting injuries. Your lawyer can collect and present evidence to support your claim.
This is how many D.C. car accident claims work, and it’s what lawyers call a fault-based system. Washington, D.C., however, also provides for no-fault insurance, and you must make early decisions about which claim (or claims) to pursue. Things can get complicated so consulting with an attorney immediately is wise.
Some states, such as New York and Florida, require all drivers to purchase no-fault coverage. When crashes happen in these states, drivers turn to their own insurance to cover their injuries. Washington, D.C., requires insurance companies to offer no-fault coverage but gives people an option whether to use their no-fault converge or pursue a claim against the other driver, which can often provide more compensation.
If you have no-fault coverage, you can use it after a crash to pay for your medical bills and other losses. But making a claim against the other driver may provide for more compensation to you. In most cases, you have to choose between making a no-fault claim – which does not require any proof of who was at fault in the accident, but which provides limited damages – and pursuing a claim against the other driver – which requires you to prove that driver caused the accident, but provides potentially more damages. However, in limited instances – where your injuries meet the following requirements – you can make both claims:
Substantial, permanent disfigurement or scarring
Permanent impairments that affect your ability to work or perform your usual activities
Severe (but not permanent) impairments that keep you from working or performing your usual daily activities for 180 continuous days.
Under the Code of the District of Columbia, you must let your insurer know within 60 days of a crash if you want to use your no-fault benefits. So, consulting with an attorney as soon as possible is crucial for Washington, D.C. accidents.
One last thing: If you wish to file a lawsuit, you generally must do so within three years of the accident date. Should the three-year deadline pass without legal action on your part, you’ll lose your right to pursue compensation in court.
When to Consider Filing a Lawsuit
If you pursue a case against the other driver and are not able to reach an agreement on a settlement, you can file a lawsuit against the other driver and seek the full damages to which you are entitled. A car accident lawsuit can provide the resources you need for a full and speedy recovery.
Calculating Damages and Compensation
Your “damages” in a car accident claim—the compensation you receive to make up for your losses in a car accident—are based on your injuries and losses. For example, your compensation can include money for your medical expenses (current and future) and any work you miss. You might also receive compensation for medical care and lost future earnings if your injuries affect your career and require medical care in the future.
Your losses from a crash go beyond your medical bills and lost income, though. Your quality of life might drop sharply, and you have the right to compensation for these intangible losses. Proving your pain and suffering can be tricky, but these losses can significantly increase your compensation. An attorney will know how best the pain and suffering to which you are entitled and how to prove your claim and make sure you get the full damages to which you are entitled.
Filing a Legal Claim
It’s best to let an attorney file an insurance claim on your behalf. They can deal with the mountains of paperwork to make sure your claim is detailed and accurate. Your lawyer can also make sure your claim includes thorough documentation of your injuries and other losses.
Another benefit of hiring a car accident lawyer is that they can handle the insurance companies. Your attorney can present evidence showing how the other driver caused the crash, such as the police report or surveillance footage. A lawyer can also push back against any attempts to blame you for the collision or minimize your injuries. If necessary, a lawyer can take your case to trial and litigate your case before a judge or jury.
Overcoming Challenges in Car Accident Claims
One common challenge in car accident claims is a lack of medical evidence. A car accident lawyer can collect your medical records while preventing unnecessary or unauthorized disclosures. A car accident lawyer can also determine if you need additional reports from your medical doctors or other expert witnesses, and obtain them. Similarly, your lawyer can gather your pay stubs or other evidence to show how the crash has affected you financially.
Another potential issue is showing how the other driver caused the crash. The police report might not be enough, but your lawyer can hire expert investigators, talk to eyewitnesses, collect surveillance footage, or find other evidence to bolster your case.
Contact the Washington, D.C. Car Accident Attorneys at Simeone & Miller, LLP
Car accident claims are complicated, but there’s a simple solution to your problems: Hiring a Washington, D.C. car accident lawyer. Let Simeone & Miller, LLP put our decades of legal experience to work for you. Call now or complete our contact form for a free consultation.
Simeone & Miller, LLP is based in Washington, D.C., and also provides legal services across Maryland and Virginia. In Maryland, our services extend to Baltimore City, Prince George’s County, Montgomery County, Howard County, and Anne Arundel County. In Virginia, we serve clients in Arlington County, Alexandria, Fairfax County, Fairfax City, Falls Church, Loudoun County, Prince William County, Manassas, and Manassas Park.