After nearly 70 years of practicing personal injury law in the District of Columbia, a common insurance question we get is whether D.C. is a no-fault state. There is often confusion, likely because D.C. has unique laws on this topic. The laws in D.C. also interact closely with those of neighboring Maryland and Virginia. This adds another layer of complexity for drivers in our region. In general, no-fault coverage is a valuable thing to have on your policy and is worth understanding before an accident ever happens. Given the confusion surrounding this topic, we are glad to address it in some detail here.
What is no-fault coverage?
In simple terms, no-fault coverage refers to a system that reimburses policyholders for a variety of incurred costs after an accident, regardless of who is at fault in a car accident. This contrasts with comprehensive, collision, or liability coverage. With a more typical policy, your insurance company may only reimburse you in limited situations. One example is when the tortfeasor does not carry any coverage. No-fault coverage steps in regardless of fault. It can speed up payment for your immediate costs, so the broader protection can be well worth the investment. The most common form is called personal injury protection (“PIP”). In Virginia, the law calls it medical payment coverage, and it acts slightly differently.
No-fault coverage is mandatory in 18 states. It can pay for medical expenses, lost wages, and funeral expenses. These often represent the most pressing bills a victim faces right after a crash. Notice that, unlike your ultimate recovery in a liability claim, no-fault coverage does not pay for pain and suffering. For that reason, it usually supplements rather than replaces a traditional injury claim.
Is Washington, D.C. a no-fault state?
The short answer is that D.C. is a no-fault state. But it is not that simple. Washington, D.C.’s law on PIP coverage appears under §31-2404. Personal Injury Protection of the Code of the District of Columbia. A misconception we frequently encounter is that everyone automatically has PIP coverage. However, as §31-2404(a)(1) explains, an insurer must only offer PIP coverage to its insured. In other words, the law does not require the insured to carry such coverage, so many drivers decline it without realizing the consequences. This section also details what an insured must do to obtain the coverage. The rule applies even if you are not a resident of D.C. but are driving your car through the District.
In D.C., an injured party generally must choose between a PIP claim and a third-party claim. That choice must happen within 60 days of the accident. This deadline flies under the radar for most people, and missing it can cost you valuable options. That risk is a good example of why it is important to call an experienced personal injury lawyer early. If you have any questions about this topic, please contact us.
If you have been injured, contact our personal injury lawyer for a free consultation.
