Car accident injury claims in District of Columbia

District of Columbia at a glance

Fault rule

Contributory negligence (any fault can bar recovery)

One of the few states where being even slightly at fault can bar your recovery entirely.

No-fault state?

No

This is an at-fault (“tort”) state — the at-fault driver's insurer is responsible for injury damages.

PIP / no-fault coverage

OPTIONAL via 60-day opt-in election (§ 31-2404). If elected: medical/rehab $50K or $100K + work loss $12K or $24K + funeral up to $4K. Default = FULL TORT (mandatory liability), NOT no-fault.

Threshold to step outside no-fault

Applies

Tort-lawsuit restriction applies ONLY if PIP is elected (§ 31-2405): victim may sue at-fault driver only if (a) injury causes substantial permanent scarring/disfigurement, substantial medically-demonstrable permanent impairment, or a medically-demonstrable condition preventing usual daily activities for more than 180 continuous days; OR (b) medical/rehab or work-loss expenses exceed PIP benefits available. Survivors of deceased victims may sue regardless (§ 31-2405(c)). Default (no election) = no tort restriction.

Minimum liability coverage

25/50/10 (BI $25K/person, $50K/accident; PD $10K/accident) per DC Code § 31-2406 (NOT § 50-2302.05). Mandatory UM: BI 25/50, PD $5K with $200 deductible. UIM OPTIONAL. PIP OPTIONAL via 60-day election. PD-10 floor is among the lowest in the U.S. — meaningful tortfeasor under-coverage exposure.

Time limit for an injury claim

3 years

Generally measured from the date of the accident.

How fault works in District of Columbia

DC is the 5th and final U.S. pure-contributory-negligence jurisdiction for motorist-vs-motorist crashes (any % user fault = $0 third-party recovery). DC-UNIQUE: a statutory vulnerable-user carve-out — DC Code § 50-2204.52 (Motor Vehicle Collision Recovery Act of 2016, D.C. Law 21-167, amended by D.C. Law 23-183) applies a modified-comparative 51% bar for pedestrians/cyclists/scooter-riders and other vulnerable users struck by a motor vehicle (recovery barred only if plaintiff's negligence is a proximate cause AND greater than the aggregated total defendant negligence). Last-clear-chance and gross-negligence/willful-wanton exceptions apply at common law.

Paying for injuries in District of Columbia

CRITICAL CORRECTION: DC's 'no-fault' is OPT-IN, NOT default. Per § 31-2404, the victim must affirmatively elect PIP within 60 days of the accident; if no election, the mandatory liability coverage applies — DEFAULT IS FULL TORT. This is the opposite of PA's limited-tort default and makes DC structurally closer to a tort-with-optional-PIP state. If PIP is elected: medical/rehab $50K or $100K + work loss $12K or $24K + funeral up to $4K, and a tort-lawsuit restriction (§ 31-2405) kicks in (180-day-impairment / permanent-scarring threshold OR PIP-exhaustion threshold; survivors may sue regardless). Election is irrevocable after 60 days.

District of Columbia injury claims — common questions

Is District of Columbia a no-fault state?

No. District of Columbia is an at-fault (“tort”) state — the driver who caused the crash, through their insurer, is responsible for the injury damages. You generally pursue the at-fault driver's insurer rather than your own.

What is District of Columbia's fault rule for a car accident?

District of Columbia follows contributory negligence (any fault can bar recovery). One of the few states where being even slightly at fault can bar your recovery entirely.

How long do I have to file an injury claim in District of Columbia?

In District of Columbia the statute of limitations for a personal-injury claim is generally 3 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.