What to Do After a Car Accident in DC

If you were just in a car accident in Washington, DC, here is what to do: get to safety and call 911, report the crash and request a police report from the Metropolitan Police Department, exchange information with the other driver, photograph the scene and your injuries, get medical care the same day even if you feel fine, and notify your own insurer. Do not admit fault and do not give a recorded statement to the other driver’s insurance company before speaking with a lawyer.

One step is unique to the District and easy to miss. DC is a choice no-fault jurisdiction, so you have only 60 days from the date of the crash to decide whether to elect Personal Injury Protection (PIP) benefits. That decision affects your right to sue later, so it should be made carefully and early.

At Gelb & Gelb, P.C., our attorneys have handled injury claims in the District since 1954. Below we walk through each step in order, explain the DC-specific deadlines that protect your claim, and point you to the mistakes that most often reduce a recovery. If you have questions about your own crash, call our office at (202) 331-7227 for a free consultation.

The Steps to Take After a DC Car Accident

1. Check for Injuries and Get to Safety

Your health comes first. Check yourself and your passengers for injuries. If anyone is hurt, call 911 right away. If the vehicles are drivable and blocking traffic, move them out of the lanes when it is safe to do so. If you cannot move safely, leave the vehicles in place and turn on your hazard lights.

2. Call the Police and Get a Report

Always call the police after a crash in the District. The Metropolitan Police Department will document the scene and create an official report. That report becomes important evidence later. Ask the responding officer how to obtain a copy, and write down the report or incident number before you leave.

A police report matters for another reason. If your claim later involves the District government, a written police report can satisfy the formal notice requirement under DC Code § 12-309, discussed below.

3. Exchange Information

Collect the other driver’s name, phone number, address, driver’s license number, license plate, and insurance company and policy number. Get the same details for any other vehicles involved. If there are witnesses, ask for their names and phone numbers, since they may move on before the police finish.

4. Document the Scene

Use your phone to photograph everything. Capture the position of the vehicles, the damage to each one, skid marks, traffic signals, road conditions, and any visible injuries. Wide shots and close-ups both help. If a nearby business has a security camera, note its location, because that footage is often overwritten within thirty days.

5. Get Medical Care the Same Day

See a doctor even if you feel fine. Adrenaline masks pain, and some serious injuries, including concussions and soft-tissue damage, do not show symptoms for hours or days. A same-day medical record ties your injuries to the crash and removes an argument insurers use to deny claims. The Centers for Disease Control and Prevention notes that crash injuries range from minor strains to lifelong disability, so prompt evaluation matters.

6. Notify Your Insurer and Elect PIP Within 60 Days

Report the crash to your own insurance company promptly. Then address the DC-specific PIP decision. Under DC Code § 31-2405, you must notify your PIP insurer within 60 days of the accident if you want to receive PIP benefits. We explain how that choice affects your case in the next section.

7. Speak With a Lawyer Before the Insurance Company

The other driver’s insurer may call within days and ask for a recorded statement. You are not required to give one. Adjusters are trained to elicit answers that reduce your claim. Talk to a lawyer first so you understand your rights before you say anything on the record.

The DC Deadlines That Protect Your Claim

The District has several deadlines that do not exist in the same form in other places. Missing one can end an otherwise strong claim.

The 60-Day PIP Election Window

DC uses a choice no-fault system. You have 60 days from the crash to elect PIP benefits from your insurer. PIP can pay medical expenses and lost wages regardless of fault, which helps in the early weeks. There is a trade-off. If you elect PIP, you can generally sue the at-fault driver only if your injury meets a legal threshold, such as substantial permanent scarring or disfigurement, substantial and medically demonstrable permanent impairment, an impairment that prevents your usual daily activities for more than 180 continuous days, or medical and work-loss costs that exceed your PIP benefits. If you do not elect PIP within 60 days, the ordinary liability system applies and you keep the right to pursue a standard injury claim. This decision is fact-specific, so it is worth discussing with a lawyer before the window closes.

The Three-Year Statute of Limitations

In most DC car accident cases you have three years from the date of the crash to file a lawsuit, under DC Code § 12-301. Some situations shorten or pause that clock. To understand how the deadline applies to your facts, see our page on the DC car accident statute of limitations.

Six-Month Notice for Claims Against the District or WMATA

If a District vehicle or a dangerous road condition contributed to your crash, you must give the Mayor written notice within six months under DC Code § 12-309. A claim against the Washington Metropolitan Area Transit Authority carries its own six-month notice requirement under Section 80 of the WMATA Compact. These deadlines are much shorter than the three-year filing period, so act quickly if a government vehicle or entity may be involved.

How Fault Works in the District

DC follows pure contributory negligence for most drivers. Under that rule, if you are found even one percent at fault for the crash, you can be barred from recovering anything from the other driver. This is one of the strictest standards in the country, and it is exactly why the steps above matter. What you say at the scene and to an adjuster can be used to assign you a share of blame.

There is an important carve-out. Under DC Code § 50-2204.52, pedestrians and vulnerable users, a category that includes cyclists, scooter riders, motorcyclists, and people using similar devices, are not barred by ordinary contributory negligence. Their recovery is reduced only if their own negligence was a proximate cause of the injury and greater than the combined negligence of all the defendants. If you were on foot or on a bike, that distinction can change the outcome of your case.

Mistakes to Avoid After a DC Crash

• Admitting fault or apologizing at the scene, which can be treated as an admission under DC’s contributory negligence rule.
• Giving a recorded statement to the other driver’s insurer before talking to a lawyer.
• Skipping or delaying medical treatment, which lets an adjuster argue your injuries were not serious.
• Posting about the crash or your activities on social media, where photos can be taken out of context.
• Accepting the first settlement offer before you know the full extent of your injuries.
• Letting the 60-day PIP window or the six-month government notice deadline pass without advice.

For a fuller discussion, see our guide on mistakes to avoid after a DC car accident.

Do You Need a Lawyer?

Not every fender-bender requires an attorney, but DC’s contributory negligence rule and short notice deadlines make legal advice valuable in any crash involving injuries or disputed fault. To weigh your situation, read do I need a lawyer after a car accident in DC. To understand what your claim may be worth, see what is my DC car accident case worth.

Speak With a DC Car Accident Lawyer Today

The most valuable thing you can do after a crash is get accurate information early. Our attorneys offer free, confidential consultations. We will review what happened, protect your deadlines, and explain your options. You pay no fee unless we recover for you.

Call Gelb & Gelb at (202) 331-7227 or use our contact form to schedule your free consultation. To learn more about our practice, visit our DC car accident lawyer page and our DC personal injury lawyer page.

Reviewed and authored by Roger K. Gelb, Managing Partner at Gelb & Gelb, P.C. Mr. Gelb is admitted to the Bars of the District of Columbia, Maryland, and Pennsylvania, and to the United States District Court for the District of Columbia, the United States Court of Appeals for the D.C. Circuit, and the United States Supreme Court.

This page is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this page. Prior results do not guarantee a similar outcome. Each case depends on its own facts and applicable law.