Car Accident

Why Injured Washington, DC Clients Trust Simeone & Miller

After a serious crash, the lawyer you choose should be prepared to evaluate fault early, manage insurance issues, and build a case around the full effect of the injury. Simeone & Miller combines Washington, D.C., trial experience with strong skills and resources for developing car-accident claims through evidence collection, insurance communications, medical-record documentation, fault analysis, and settlement negotiations.

• Founded in 2002 by Thomas J. Simeone and Craig D. Miller, both Super Lawyers, with Thomas Simeone named a Lawdragon Top 500 Plaintiff Attorney
• AV Preeminent rated, a Top Lawyer by Washingtonian Magazine, and members of the Multi-Million Dollar Advocates Forum
• Millions recovered for accident victims across the District, Maryland, and Virginia, including several multi-million dollar verdicts and settlements
• Over 1,000 client testimonials from people this firm has represented
• Command of three jurisdictions, since a DC crash can involve a Maryland or Virginia driver, insurer, or resident
• No attorney fee unless we win, with a free consultation and no obligation
• For eligible D.C. PIP claims, a flat $150 fee taken from the final recovery instead of the PIP payment; if a client is not eligible, there is no fee

That combination matters when fault is disputed, medical treatment is still unfolding, or insurance coverage must be evaluated alongside a potential liability claim. The firm’s approach can keep the legal, insurance, and damages issues moving while the injured person focuses on treatment and recovery.

The 60-Day Election That Quietly Decides DC Crash Claims

Washington, D.C. sits in an unusual middle ground between fault and no-fault. Personal injury protection, or PIP, is optional coverage every insurer must offer. It pays medical and rehabilitation expenses, work loss, and funeral costs without regard to who caused the crash. The benefits are not token amounts. Medical and rehabilitation coverage must be at least $50,000 per victim, work loss benefits at least $12,000, and funeral benefits cover actual costs up to $4,000.

The catch is the clock. Under the District's no-fault election rule, a victim must notify the PIP insurer within 60 days of the accident of the election to receive those benefits. The insurer must give any identifiable victim written notice of that window, which can be extended only by mutual written agreement.

Electing PIP also restricts the right to sue. After electing, a victim may bring a civil action only if they meet one of the following requirements:

• The injury directly results in substantial permanent scarring or disfigurement
• There is a substantial and medically demonstrable permanent impairment that has significantly affected the ability to perform professional or usual and customary daily activities
• There is a medically demonstrable impairment preventing all or substantially all of the material acts and duties of usual daily activities for more than 180 continuous days
• The medical and rehabilitation expenses or work loss exceed the PIP benefits available

If no election is made inside the 60 days, the mandatory liability coverage applies instead. Survivors of a victim who dies keep the right to bring a claim regardless of what the victim elected.

That is a real decision with real tradeoffs, and not one to make from a hospital bed with an adjuster on the phone.

Contributory Negligence and Why a Small Share of Fault Matters

The District follows the common law rule of contributory negligence. Its appellate courts have held plainly that contributory negligence bars a plaintiff's recovery and that the District does not recognize different degrees of it. If an insurer convinces a jury that your own negligence was a proximate cause of your injury, you can recover nothing, even where the other driver was far more careless.

The District softened that rule in one narrow place, and it is widely misunderstood. The statutory comparative fault standard reaches pedestrians and vulnerable users such as cyclists and scooter riders on a public highway or sidewalk. It does not reach drivers and passengers in cars. For a car accident claim the older rule still controls, which is why the fault record has to be built before vehicles are repaired and video is overwritten.

The Washington DC Crashes We Handle

Every crash type produces a different fault argument and a different investigation. Our firm handles accident claims involving, but not limited to:

• Rear-end collisions, where insurers still try to shift blame onto the driver in front
• Hit and run crashes, where identifying the driver and the coverage becomes the case
• Drunk driving crashes, which often run alongside a criminal prosecution
• Collisions caused by an uninsured or underinsured driver, which shift the fight to your own carrier
• Soft tissue injuries such as whiplash, which adjusters routinely discount despite the treatment records

Catastrophic injury and fatal crash claims carry their own deadlines and proof requirements, and we handle those as well.

Deadlines That Control a District Car Accident Claim

A missed deadline usually ends a case here, no matter how serious the injuries are. These catch people most often:

• Three years to file suit. The District sets a three-year period for actions with no separately prescribed limitation, and ordinary negligence claims fall there.
• 60 days to elect PIP benefits, measured from the date of the accident.
• Six months to notify the District government. If your claim is against the District of Columbia itself, the action cannot be maintained unless you gave written notice to the Mayor within six months of the injury stating the approximate time, place, cause, and circumstances. A written report by the Metropolitan Police Department, made in the regular course of duty, is sufficient notice.
• Policy notice deadlines, set by your insurance contract rather than by statute and often far shorter.

Claims involving a government vehicle, an injured child, or a death follow additional rules, so confirm your dates with a lawyer.

Schedule Your Free Consultation With a Washington DC Car Accident Lawyer

If another driver injured you anywhere in the District, the other side is already building its file. Put Simeone & Miller on yours. Contact our K Street office for a free, no-obligation consultation. There is no attorney fee unless we recover for you, and we handle injury claims throughout Washington, D.C.

Frequently Asked Questions

How long do I have to file a car accident lawsuit in Washington DC?

Three years in most cases. The District sets a three-year limitation for actions with no separately prescribed period, and an ordinary negligence claim from a car crash falls there. Shorter clocks can apply, including the six-month notice required before suing the District government, so assume your real deadline is sooner.

Should I accept PIP benefits after a DC crash?

It depends on your injuries and your coverage, and it is worth a conversation before you answer the insurer. PIP pays medical and rehabilitation expenses and wage loss regardless of fault, which matters where a fault dispute can end a liability claim. Electing it also restricts your right to sue unless your injury meets a statutory severity threshold or your expenses exceed the PIP benefits available.

What if the insurance company says the crash was partly my fault?

Take it seriously and call a lawyer the same day. The District bars recovery outright where the injured person's own negligence was a proximate cause of the injury, and it does not weigh degrees of fault the way most states do. That makes early evidence work decisive, from scene video to witness statements taken before memories fade.