Making an insurance claim after a DC truck accident with the help of an attorney is a critical step in getting the compensation you deserve for your injuries. Our DC truck accident attorneys have been practicing personal injury law in Washington, D.C., since 1954. With over 70 years of experience, our attorneys have handled thousands of truck accident cases and over 10,000 personal injury cases. This depth of experience has given us a wealth of information about the insurance companies we negotiate with, how they operate, what it takes to get a reasonable settlement offer, and so much more.
An insurance claim after a DC truck accident is critical for several reasons. Perhaps the biggest reason is that without car insurance, most residents would not pay a significant judgment if they file suit against the defendant and win at trial. That is why Washington, D.C., does require auto insurance and even a sticker on your vehicle displaying that fact. Otherwise, it would not be worthwhile for truck accident victims to pursue most tortfeasors after truck accidents. Accordingly, there would be a lack of civil justice and countless people stuck with paying exorbitant medical costs, missing bills from being unable to work because of injuries sustained in the truck accident, and immense pain from the common injuries that plague accident victims daily.
A bodily injury claim is the quintessential insurance claim after a DC truck accident. You are entitled to make a bodily injury claim when you are hurt due to another party’s negligence. This is in lieu of suing a defendant for negligence. In either event, you are recovering the same damages. And, if you do decide to file suit against the defendant, the defendant’s auto insurance carrier will provide the defense as they are on the hook for the judgment. A bodily injury claim against a negligent tortfeasor is a third-party claim. This can be contrasted with first-party coverage, which is your insurance.
If you are making an insurance claim against a trucker, they may have a more extensive policy than the typical policy you see on a car in the streets of Washington, D.C. However, the minimum amount required is $25,000 per person and $50,000 per accident. This is known as a 25/50 policy. Of course, while insurance is required, it is not always active at the time of the accident. When this happens, you may have to make an uninsured motorist claim.
A property damage claim for a DC truck accident is technically separate from your injury claim. The mandatory minimum amount is $10,000 of property damage liability coverage in Washington, D.C. If you are in a truck accident in the District that is not your fault, you can go through the adverse insurance provider or your own. The advantage of going through your insurance provider is it is quicker. Sometimes, the adverse provider needs time to review the facts of the case before accepting liability and assisting you with your property damage. However, if you use your insurance, you must pay a deductible, usually $500. Note that your insurance provider will pursue subrogation against the adverse insurance provider.
They do this to get their money back as they paid for your property damage despite you not being liable for the accident. However, they also do this to get your $500 deductible back. If they succeed in their subrogation, they will mail you a check and reimburse you for your cost. This makes sense; you did not cause the accident, so you should not have to pay out-of-pocket for your damages.
What if the adverse driver does not have an active insurance policy despite insurance being required in DC? Maybe they do not live in Washington, D.C. Maybe they missed their last insurance payment, and their policy is no longer active. Or perhaps they fled the scene after causing the accident, and we could not identify who they were. Whatever the case, you must include uninsured motorist coverage on your policy if you entered the contract in DC. If you did, the mandatory minimum is $25,000 per person and $50,000 per accident. This is a 25/50 policy, similar to the bodily injury claim requirements. These are the exact requirements because the two claims function effectively in the same way. It is the same law that governs the claim.
Whether we are making a claim against your insurer or the adverse insurer, we are negotiating it just as we would if they were not your insurer. Just because they are your insurance provider does not mean they will play nice and make a reasonable offer. They are still in business to make money. They will argue with you, explaining that your case is not worth as much as you think. In an uninsured motorist claim, we can still file suit if we cannot agree to a reasonable settlement amount. However, instead of suing the defendant for negligence, we sue your insurer for breach of contract. Remember, you entered an insurance contract that requires them to pay a proper amount for your damages.
If they do not do this independently or after negotiating, we will sue them and fight for your compensation.
An underinsured motorist, or UIM claim, is an ancillary claim to a bodily injury claim. As mentioned previously, there is a mandatory minimum requirement of $25,000 in Washington, D.C., for bodily injury coverage. But what happens if you file a suit against a defendant with $25,000 in coverage and your damages are $75,000? First, a prudent truck accident attorney would not need to file suit against the defendant if this is the case. A sensible lawyer will learn the policy limits and settle the suit. Then, our office will turn to your policy and file an underinsured motorist claim to cover the difference. At that point, it behaves as does an uninsured motorist claim.
Personal injury protection, or PIP, is a form of no-fault coverage. While a great option to opt for in your insurance policy if you live in Maryland, it is far less effective in Washington, D.C. PIP claims are complex in DC. If you have not waived your right to PIP on your claim and are hit by a Maryland-insured vehicle, you can make a PIP claim under their policy. But if you waive PIP on your DC policy, as many DC residents do, you may not make a PIP claim.
What if you have PIP on your DC policy and want to make a PIP claim? You can, but you may bar yourself from being able to make a bodily injury claim then. Only in select circumstances can you make both. In short, your medical expenses must exceed a given threshold. There is also a very short statute of limitations by which you must have filed your PIP application. The issue is you do not always know at that point whether your medical expenses will surpass the threshold or what the threshold even is, as it is policy-dependent.
Insurance claims after a DC truck accident can be complex. If you are in a truck accident in the District or even against a DC resident, contact our office immediately for a free consultation. Do not navigate this process alone. Doing so may cause you to miss important deadlines.
Call our office today at (202) 331-7227.