Insurance Claims For a DC Car Accident
Many laypeople look to handle DC car accident claims themselves. They figure they know how to negotiate because they always do it at work. They may believe their insurance carrier is on their side and works for them. The reality is that tort law is complex. There are deadlines, caselaw and statutes unique to DC, and an insurance carrier that knows precisely what your case is worth and is determined to pay you far less than what your case is worth.
Meanwhile, our personal injury lawyers have handled car accident cases for over 70 years. Since 1954, we have successfully resolved over 10,000 personal injury cases. This means we are familiar with the many procedural requirements affecting your case. While the statute of limitations for DC injuries is three years, not everything related to a car accident injury falls under that three-year deadline. There are layers to insurance claims after a DC car accident.
Moreover, depending on the defendant, there may be evidence to preserve, which requires quick and decisive action. It also requires properly subpoenaing a defendant or witness for pertinent information. While it is true that a judge may give some leeway to a layperson at trial, the reality is that the courtroom is not a place of profligating or wasting a judge’s time.
Can I Settle My Insurance Claim?
What if you want to settle your case and are uninterested in trial? Remembering that insurance companies are in business to make money would be best. That means making payouts as small as possible, ideally none. This means they will manipulate the law and use it against you. If they do make a settlement offer, odds are it will not closely resemble the actual value of your case. Why would they not offer more? They know that you are unrepresented. And without an attorney, there is no legitimate threat of litigation. Thus, you have no leverage in your negotiation, and the settlement offer will remain limited.
Understanding Your Insurance Coverage
Your insurance coverage depends on the policy you signed up for. Of course, different insurance carriers offer different policy options to their clients.
Liability Insurance
Liability insurance coverage refers to the coverage an adverse driver will use to cover your damages for your bodily injury claim. For example, if you get into a car accident in Washington, D.C., and you suffer $18,000 in damages, this will be covered by their liability insurance. So long as the defendant has liability insurance, their policy should be able to cover $18,000 in damages. We must still prove you incurred $18,000 in damages for this to apply. The adverse insurance carrier will not be quick to payout $18,000 unless it is representative of your injuries.
The lowest level of liability insurance coverage typically follows a 30/60 structure. This means the defendant has $30,000 in liability coverage per person and $60,000 per occurrence. For example, if there are four plaintiffs, four victims who are hurt by the defendant’s negligence in a car accident, and their damages total $75,000, the most they will get from the defendant is $60,000. The $60,000 coming from the defendant should be split pro rata by the defendant’s insurer. The remaining $15,000 will be up to whether the plaintiffs have their own underinsured coverage or UIM.
Collision Coverage
Collision coverage can be complicated. It is technically a different claim from your bodily injury claim that your personal injury lawyer will work on with you. When you are in a car accident, you will want to fix your car. While the tortfeasor is ultimately responsible for the damage to your car, it may take some time to straighten out among the insurance carriers who actually caused the accident. Accordingly, you have two options. The first is to wait. If the adverse insurance carrier does not immediately accept responsibility on behalf of their insured, we can usually send them enough evidence to convince them. At that time, we will have them call you to coordinate the repair of your car.
The second option is to use your own collision coverage. When you do this, you will still be reimbursed for the deductible if we win your case and the defendant is found liable for the collision. This allows you to get your car fixed far quicker in most instances. Although, it may take longer to receive reimbursement for your deductible. There are times when you must reach into your own pocket. For example, if your car is sitting in a tow lot, you have a duty to mitigate damages. This means that while the defendant is responsible for those costs of storing the vehicle, the defendant is only legally liable for the cost of storage for a reasonable time. In other words, you must get your car out of a storage lot as quickly as possible because you may otherwise not be fully reimbursed.
Personal Injury Protection (PIP)
Personal injury protection, or PIP, is less useful for car accident victims in DC than in neighboring states like Maryland. Most of the time, you must decide between making a third-party claim under the adverse driver’s liability coverage and making a PIP claim. Only in limited circumstances may you make both claims. Additionally, there is a 60-day statute of limitations for DC PIP. Clearly, the law makes it difficult to use this form of no-fault coverage following an accident. However, PIP can be hugely beneficial. It gives you money to pay for your medical expenses or lost wages in advance of settlement.
So, even if we do not get your case resolved for several months, PIP allows you to pay your bills. Speak with a personal injury lawyer today to determine whether you can use PIP for your car accident.
Uninsured Motorist Coverage (UM)
This is available in three instances. But in all instances, you may not have been responsible for the accident. Uninsured motorist coverage, or UM, is a component under your own insurance policy for a car accident.
- If the defendant is liable for your injuries but has no insurance and no assets, you may make a UM claim.
- If the defendant’s insurance carrier denies your claim despite their insured being liable, you may make a UM claim.
- When you cannot identify the defendant, the driver of the car who hit you, you may be able to make a UM claim. This issue may arise if you are a part of a hit-and-run accident.
Underinsured Motorist Coverage (UIM)
You may use underinsured motorist coverage, or UIM, if the defendant’s liability coverage is insufficient to cover your damages. For example, if you receive a settlement offer from the defendant of $30,000, which is their policy limit, and your damages are $50,000, you are still left with $20,000 in damages. In other words, you are not yet whole for your injury. You may use your UIM coverage to cover the remaining $20,000. To do so, you must prove to your insurance carrier that the case is worth $50,000 to recover the additional $20,000.
Making an Insurance Claim For a DC Car Accident
When you are making an insurance claim for a DC car accident, it follows the structure of tort law and civil procedure. If you have any questions or believe you may have a case, contact a personal injury lawyer immediately for a free, no-obligation case consultation.