Suffering a serious injury in an auto accident in Washington, D.C. often results in costs that soar beyond what an at-fault driver’s insurance policy is designed to pay. The District only requires drivers to carry a minimum of $25,000 in bodily injury coverage per person, $50,000 per accident, and $10,000 in property damage liability.
Consulting an experienced personal injury attorney can reveal avenues for recovering the compensation necessary to cover surgeries, rehabilitation, lost income, and long-term care. Moving quickly to document injuries and costs is essential to a successful legal challenge of the insurance limits.
Understanding the Path Forward, Including Insurance Policy Limits
Accident victims with major, ongoing injuries need a strategic plan for legal action to recover medical costs. Auto insurance-related lawsuits have a three-year statute of limitations for claims yet there is no cap on damages for pain and suffering resulting from injuries.
Consider these steps for collecting against medical costs incurred in an accident:
- Demand Letters. Contacting liable parties with demand letters can initiate settlement negotiations, which are complex and time consuming but preferable to a lengthy civil lawsuit.
- Your Own Underinsured Motorist Coverage. Underinsured Motorist Coverage allows accident victims to receive compensation from their own insurance carrier when the at-fault driver’s policy limits do not cover all necessary costs. This is coverage that few drivers opt to carry, but your policy should be scrutinized to determine if UIM coverage is included.
- Sue the At-Fault Party. A civil lawsuit allows you to pursue the at-fault party’s personal assets when their insurance doesn’t cover all of your related medical bills. However it may be difficult or impossible to collect an award made by the court if the defendant does not have assets. Chances of recovering costs and damages are higher if the at-fault party owns real property, has business interests, significant income, or has other financial resources.
- Identify All Liable Parties. There may be more than one party responsible for an accident or injuries. A lawsuit can pursue a responsible party’s employer’s insurance if they were driving a work vehicle, a municipality or state if dangerous road conditions can be attributed to faulty maintenance or construction, and any restaurant, bar, or other provider of alcohol if it is proven that a driver involved was overserved. A vehicle or parts manufacturer may also be pursued for damages if proof of faulty equipment is established as a cause of the accident.
- A Bad Faith Claim Against the Insurer. Insurers are obligated to handle claims honestly and fairly. If an insurer acts unreasonably in a way that violates the insurance contract, it may rise to the level of bad faith in the eyes of a court. Bad faith can include things like denying claims without explanation, ignoring attempts to negotiate settlements, and misrepresenting policy information and limits. There is a three-year statute of limitations on bad faith insurance claims.
Understanding D.C.’s Contributory Negligence Rule
The contributory negligence doctrine in Washington D.C. is among the most difficult burdens for a plaintiff in a personal injury lawsuit. Under it, no damages may be recovered if the plaintiff is found at fault to any degree.
Statute of Limitations Rule Regarding Injury Claims
Most Washington, D.C. personal injury claims must be filed within three years of the date of injury or when the harm and its cause were discovered. Wrongful death cases and claims against the government have different deadlines and potential notices of claim requirements that must be adhered to.
Accessing Legal Representation Necessary to Recovery
A personal injury attorney from Samuel Martin Law can explain your options according to your insurance policy, the liability of other parties, and the deadlines that apply to filing a civil lawsuit. Pain from injuries, lost wages, and the need for future rehabilitation and medical care are all legitimate grounds for claims following an at-fault accident. Call for a consultation today for help ushering a complex claim to a successful conclusion.