Can I sue for a car accident in the District of Columbia?

Which law covers a car accident claim in the District of Columbia?

governing statute

D.C. Code § 12-301(a)(8)

source ↗Not yet checked against the statute.

Is the District of Columbia a no-fault state?

who pays first

The District is the one place where this choice is made after the crash rather than in the policy, and it is made on a 60-day clock. Decline personal injury protection benefits inside those 60 days and the ordinary at-fault claim against the other driver is yours. Elect them and you may sue that driver only if the injury leaves substantial permanent scarring or disfigurement, a substantial and medically demonstrable permanent impairment, or an impairment that keeps you from your usual activities for more than 180 continuous days — or your medical bills exceed the personal injury protection benefits available to you. (D.C. Code § 31-2405)

source ↗Not yet checked against the statute.

Across the country. District of Columbia is the only one of the 51 states written up that answers this way. Compare every state →

What happens if you were partly at fault for the crash in the District of Columbia?

your share of the fault

Any share of the blame at all ends the claim. One percent at fault and you recover nothing — the District is one of five jurisdictions in the country that still applies contributory negligence, and it is the hardest single fact about an injury claim here. (D.C. Code § 50-2204.52)

source ↗Not yet checked against the statute.

Across the country. 5 of the 51 states written up answer this the same way as District of Columbia. Compare every state →

How long do you have to sue after a car accident in the District of Columbia?

limit

3 years

source ↗Not yet checked against the statute.

Across the country. 18 of the 51 states written up answer this the same way as District of Columbia. The shortest is 1 year, as in Tennessee; the longest is 6 years, as in Maine. Compare every state →

Which court hears a case like this in the District of Columbia?

which court

Small Claims and Conciliation Branch of the Superior Court

source ↗Not yet checked against the statute.

How much can you sue for in the District of Columbia small claims court?

small claims limit

$10,000

source ↗Not yet checked against the statute.

What else should you know in the District of Columbia?

also

The District bars the claim of a driver who was even slightly at fault, but not of a pedestrian, cyclist or other vulnerable user — for them the traffic code replaced contributory negligence, and they are barred only where their share of the fault was greater than the driver's.

source ↗Not yet checked against the statute.