Vehicle accidents bring painful injuries, hefty fines, and a multitude of legal nuances that must be navigated correctly to receive proper compensation. Unfortunately, even a small deviation from the proper procedure after a DC accident can totally destroy your case. What may work in one state, even helping your case in Maryland, can result in a minimal recovery in DC. With all of the obstacles following an auto crash, it is unsurprising that some mistakes could ruin your chances of receiving compensation. To learn more about the mistakes to avoid after a DC car accident, call the car accident lawyers at Gelb & Gelb for a free case consultation. There are several mistakes that someone could make after an automobile collision. Unfortunately, a moment of neglect can destroy your case, even if you are not at fault for the accident.
This is why having knowledge of the most common mistakes to avoid can help preserve your case’s value. We will review the most common mistakes below. We will also highlight the most devastating mistakes that, while less common, can completely destroy your case if you make them. With over 70 years of practice in DC, we have seen firsthand how these common missteps can impact personal injury claims. To be clear, this general overview refers to mistakes made after the accident has already happened. While discussing mistakes on the road may be useful, it is not within the scope of this page. For example, while contributory negligence is a debilitating mistake in DC, it is on the road leading up to the accident, not afterwards.
What we discuss here is how to fit the facts of your case into the law in a way that maximizes your compensation. We discuss that next.
While simple, this is among the most critical mistakes you can make after an accident. If you do not recover any information about the other driver, we may be left without a source of recovery. If you want to recover compensation for your injuries after an accident, we need someone to sue. Needless to say, if you are unconscious or in bad shape after an accident, your first priority should be taking care of your health. In this instance, you have no choice but to rely on the efforts of others, such as the police, to arrive at the scene and create a report. But the police in DC will not come to your accident site unless the accident is serious. So, if you are in good enough shape to get out of your car, get as much information as you can.
Start by getting the full name and address of the adverse driver. This way, we know who to sue and can serve process. Some adverse drivers will intentionally and improperly cover their name while you take a photo of their driver’s license. § 50-2201.05c requires that each driver provide identifying information to an injured person. While they can make an argument that an address is not necessary, we do need it to serve process. Next, get that driver’s insurance information. We always try to settle a case before filing suit in the District, as it is faster and more cost-effective. Then, get information on the other car or truck that hit you. If you can take a photo of the other driver’s registration card, that would be best. Also, take photos of the damage to all vehicles involved in the accident and any traffic controls.
Among the biggest mistakes is often made after a major car accident. When an accident is so bad that it renders your car undrivable, you will have to get your car towed from the accident scene. Ultimately, this expense should be covered by the adverse driver. However, the adverse insurer does not always accept responsibility right away. Technically, they have the right to delay in accepting responsibility, and can even deny liability outright, even for a clear liability accident. In other instances, they have the right to speak to their insured before accepting liability. And unfortunately, an at-fault driver may choose to avoid calls from their insurer when they know they are at fault for the accident. That insurance company may then send a representative to their insured’s house as a last effort to contact them. If all efforts fail, the insurer can actually void coverage altogether.
This is all to say that the adverse insurer may take several weeks to accept responsibility. Meanwhile, you have a duty to mitigate your damages as a plaintiff. So, if you leave your car in a tow lot for more than a few days, you may become liable for those additional costs beyond a reasonable period. Thus, we have a couple of general recommendations we make to clients. Please note that we would never advise readers generally and recommend you speak to a DC personal injury attorney before acting.
The first step is to use collision coverage if it is available on your policy. While you will incur a deductible, that satisfies your duty to mitigate costs. If you do not have collision coverage, you should pay out of pocket to have your car moved from the storage lot to your home. The cost of towing it again should be reimbursed.
PIP, or personal injury protection, in Washington, DC, is excessively complex. This is a subject where other DC lawyers regularly come to us seeking guidance on how to navigate the often confusing DC PIP statute. To make matters worse, even if you do understand the statute, effectively navigating it is time-sensitive. Thus, you truly should contact an attorney immediately for your best chance at maximizing your compensation in a DC accident and avoiding one of the most common pitfalls we see. Why is DC PIP so confusing? Generally, you cannot make a PIP claim and a bodily injury claim. However, if your bodily injury claim exceeds the amount of available coverage, then you can make both without precluding any options. However, you have 60 days from the date of the injury to make the PIP claim.
What makes this challenging is that you do not always know if you will meet the necessary threshold to make both claims. It takes an experienced attorney like the ones at Gelb & Gelb to carefully thread that needle. An additional instance where you can make a PIP and a bodily injury claim is if you are a DC resident with a DC insurance policy. Still, the accident occurs in a neighboring state like Maryland, and you have no private health insurance. The caveat here is if you are insured by State Farm and you wish to make an uninsured motorist claim. If State Farm is your insurer, they have peculiar clauses in its contracts that may not allow for recovering from both sources.
Something that might seem natural after an accident is to apologize to the other driver. A plaintiff might become overwhelmed by the crash and apologize out of habit to the defendant, even if they are not at fault. This is especially true if you are a more agreeable person by nature. But in the context of a car accident, this is a grave mistake. The defendant should absolutely use that apology as an admission of guilt against the plaintiff in court. And while you may consider that admission of guilt to be hearsay, it actually falls under one of the many exceptions to hearsay and should be admissible. If admitted, your case is likely sunk. A good defense lawyer, whom these insurance companies have, will take your statement out of context and make it appear in the worst possible light.
One reason a plaintiff may apologize for the accident, even if not at fault, is that the other driver is acting aggressively at the scene. If that is the case, it is best to keep your interactions at the scene brief and factual. Exchange necessary information, call the police to file an official report, and seek medical attention if necessary. It is best to avoid discussing the circumstances of the accident with the other driver. If the police do arrive at the scene, which is rare in DC unless it is a major accident, you may give brief and factual answers to the officers if they ask. If the other driver asks you questions regarding how the accident occurred, it is best to avoid those conversations and simply exchange information and document the scene.
When the other driver blames you, you are unlikely to convince them of their liability at the scene. Leave that part to us.
There are several reasons why we will contact the insurance companies in the event of a DC car accident. We discuss the top five reasons below.
But of course, while a settlement is ideal, you should not necessarily jump at the insurance company’s first offer. We discuss that next.
It is invariably a good idea to contact the adverse insurer after a DC car accident. We highlighted a few of those reasons above. And while the insurance company’s initial offer for your repairs or total loss may represent the full value of your damages for property damage, the first offer for your bodily injury claim rarely represents the full value of your case. Insurance companies understand as well as anyone the tribulations you are experiencing after a car accident. Medical bills, car repairs, and time missed from work create financial pressure. Accordingly, you are more likely to jump at the insurer’s first settlement offer. This is true regardless of whether it fully compensates you. The issue is, if you accept that offer and sign a release of liability, you cannot subsequently decide you deserve more money.
If you reach out to an attorney after accepting that initial offer, it is probably too late. Even when the insurance adjuster appears friendly, they work for a company seeking to maximize profits. They only treat you well by coincidence, when it also benefits them. This is because insurance companies are in business to make money, not to pay you fairly. This is true regardless of their claims that they are like a good neighbor, on your side, or anything else you see on television. In many instances, an unrepresented claimant will understand that the first offer is unreasonable, demand that the insurer increase their offer, and the insurer may actually do just that. This gives the claimant the false belief that they are now getting a good deal. However, that is rarely the case without assistance from an attorney.
While not as detrimental to your case as the other mistakes on this page, not getting medical attention immediately after a collision could influence the outcome of a motor vehicle accident claim. The defense could claim that the plaintiff’s injuries are not as bad as you claim because you did not get professional medical help right away. Moreover, consider an example where an accident victim waits two weeks before seeing a doctor. That plaintiff may argue that their life was busy immediately after the accident, so they did not have time. But once they did find time, they met with the doctor, who prescribed physical therapy. Now contrast that example with an accident victim who goes to the emergency room by ambulance. The next day, they meet with their primary care physician, who prescribes physical therapy. In which example do the injuries sound more severe?
If you think the injuries in the second example sound more severe, then a jury or judge will too. While that is not to say that you should go to the emergency room if you do not feel that it is necessary, refusing medical attention after an auto crash when you do need it is a mistake. By prioritizing your health, you are also bolstering your legal case. This is an important point to make because, too often, we have accident victims come to us four weeks or eight weeks after an accident to tell us they have been in pain this whole time, but never found the time to get medical care. While we may believe you, a jury will not. And when your goal is to maximize your recovery, you must consider these factors.
As many claimants work to feed their families and pay for housing, they may think that skipping medical visits will save them money and time. And of course, many plaintiffs cannot afford to miss time from work because they have bills to pay. You may have to get to work to complete that important project. Or, you need to drop your kids off at school. Another common reason a plaintiff avoids medical care is that they no longer have a drivable car after their accident, and do not wish to pay for Uber. Keep in mind, our office may be able to provide you with complimentary Ubers to get to your appointment. We understand how tough it can be to have to go to the doctor for your injuries, but you do not want to dish out hundreds of dollars on transportation.
A final reason we hear that prevents people from seeking care is a lack of health insurance. We can assist there, too, by connecting you with doctors who will not require health insurance, provided we speak to them before your treatment begins. While understandable to avoid care for these reasons, it is not always the best decision for your long-term health. Going to the hospital after an accident could prevent serious injuries, such as traumatic brain injuries, from worsening over time. These and other types of injuries may not be prevalent at first, but could cause irreparable damage if left untreated. If these injuries are left untreated initially, you might need expensive ongoing care for the rest of your life. Anyone hurt in a car collision should prioritize going to the hospital above anything else if their injuries warrant such treatment.
Many people hesitate to contact an attorney after a car accident because they assume legal fees will outweigh the value of their property damage claim. In fact, we do not charge a legal fee for the property damage to your car after an accident whatsoever. When your car is damaged but not totaled, the adverse insurer should cover your exact repair cost. If your car is totaled, the adverse insurer should compensate you for the market value of the car at the time of the loss. In our experience, claimants seldom prefer this form of compensation. Sometimes, an accident victim will still owe money on the car. In this case, gap insurance will pay the difference between what you are paid and what you still owe on the car. Of course, the total loss compensation will not enable you to buy a new car.
But, in theory, it should enable you to buy a similar used car with similar mileage. So, why do we not charge you a legal fee despite helping you with your property damage? When you sign a retainer with a personal injury law firm, the scope of the representation is limited to your bodily injury. So, if you cannot negotiate a fair settlement for your property damage, you technically would need to file a separate lawsuit. The good news is that these claims are not exactly negotiable. The insurer should simply cover your cost of repair, or use a third party’s calculation to compensate you for the fair market value of your totaled car. If we do represent you for your personal injury, we will guide you through the property damage claim as a courtesy.
In 2025, people share on social media without thinking twice about it. This is why insurers will inspect a plaintiff’s social media for evidence they can use against you at trial. Many people do intuitively understand that there is a risk. But when we ask clients to think twice about posting on social media, we are even referring to the seemingly harmless stuff. A simple photo of yourself smiling at a family gathering can be used to argue that your injuries are not as severe as you claim. When an image of you smiling a month after a “life-changing” accident is shown to a jury or judge, they will think twice about awarding you a fair sum, because you did not think twice about posting.
Prudent defense counsel will twist a simple image of you smiling to say you were exaggerating about your injuries, so you are probably uncredible about anything else you testify to, like liability. And deleting a post does not always make it unrecoverable. Even if your account is private, it may be discoverable as evidence via a subpoena. Thus, the smartest course is to avoid posting on social media whatsoever. If you are going to post, be aware that insurance companies are masters at infiltrating accounts and gathering relevant information. Of course, a post of you participating in a sport or something that directly contradicts testimony about an injury will completely derail your case. Accordingly, we advise pausing any activity on social media until after your case is over to avoid any mistakes.
If you miss a deadline after a DC car accident case, you may lose your right to compensation altogether. Per § 12-301(8), the statute of limitations for a car accident injury in Washington, DC, is three years from the date of the accident. The same statute applies to property damage claims, and the statute of limitations for those claims is also three years. However, if the claim is against the DC government, then you actually have a 6-month notice requirement you must satisfy, or risk losing the right to make a claim (§ 12-309). This can be confusing for laypeople without an attorney, as the statute of limitations for the actual injury is three years. However, you must have placed the District on notice for that three-year deadline to apply.
An additional deadline to consider for a DC car accident case is DC PIP. The DC PIP statute requires that you make a PIP claim within 60 days of the car accident. This is nearly impossible to do at times, as you do not always know if your case’s value will rise to the threshold that allows you to make a PIP claim and a bodily injury claim. Thus, it is best to speak to an attorney immediately after your accident to avoid making one of these costly mistakes.
It is always advisable to at least consult with a lawyer prior to engaging in negotiations with any insurance company. Insurance companies are masters at trapping you in saying something you do not really mean, and excluding yourself from the claim. They will request that you participate in a recorded interview. The catch is that sometimes you are obligated to comply and participate in the interview, while at other times, you are not. Naturally, the insurer will not make it clear which time is which. This is one of many reasons why you should have a zealous advocate in your corner, not only to advocate for you but to help you steer clear of these traps. Moreover, we will both help preserve the value of your case and assist you in better understanding what your case is truly worth.
As the insurer’s goal is to minimize its payout, it often will tell you that your case is worth less than it really is. Furthermore, without legal representation, you have zero leverage in a negotiation. The insurer will likely make you a settlement offer, but it is seldom one that is fair. They make this offer in the hope of catching you before you can contact an attorney. They know that if you accept it, you will be barred from future claims related to the accident. However, they have no reason to offer you a fair amount without the threat of litigation. Only when an attorney enters the picture will their calculus change, and hopefully, a good offer will be presented. Our legal team will carefully break down their offer, explaining to you how much you will net and whether it is worth pursuing litigation.
Failing to call the police in Washington, DC, is far from the most serious mistake you can make after a car accident. On this page, we have covered far more pressing mistakes. Among the reasons why this is not a critical mistake is that the Metropolitan Police Department will not always come to the scene of a car accident. Thus, failing to call them is effectively not a mistake. However, the police will go to the scene of a more serious accident, despite what they will tell you after a minor accident. When they do go, they will draw up a detailed report. This is particularly useful if you are in poor health after an accident and are unable to collect the necessary information yourself. Without intending to make a pun, calling the police to the scene can act as an insurance policy for gathering information.
If you fail to gather all the necessary information, such as identifying details from the other driver, we may have no one to sue and thus no source of recovery. If the police come to the scene, they will be sure to include that information in their report. But beyond serving as a sort of insurance policy, the police report can persuade actual insurance companies to settle. For example, we have seen in practice that when both sides blame each other, and the police report includes a witness statement supporting your version of events, this can be enough to persuade the insurer to no longer believe their client and make a settlement offer. Otherwise, the adverse insurer would realize it is a word versus word issue, and may take their chances at trial.
Many people assume that if the other driver was at fault, they only need to deal with the adverse insurer. You may even have heard that reporting an accident to your insurance provider can result in them increasing your rates. In reality, they cannot increase your premiums if you are not at fault for the accident. Nearly every auto policy contains a clause requiring you to notify your insurer promptly after any crash, even if you were not at fault. Failing to satisfy this duty can provide your insurance company with grounds to deny coverage entirely. And that can quickly become a problem when there is no insurance on the other side. When that happens, you should make an uninsured motorist claim through your own policy. But you may open the door to them denying coverage if you wait too long to tell your insurer about the accident.
Additionally, your own insurance policy may offer benefits that help your case. The two largest considerations within this context are collision coverage and PIP. But you may also have other advantages, such as GAP coverage and rental car coverage. Below, we define common benefits of using your own coverage, even when you are not at fault.
Ensuring you can file for compensation after a car crash could seem daunting at first. However, a diligent attorney at Gelb & Gelb, P.C. could ensure you know the mistakes to avoid after a Washington, DC car accident. Call our office today to learn more about your options.
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