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Tips Immediately following a Crash: Stay Calm and Assess the Scene. Document the Scene. Move Your Vehicle. Exchange Information. Contact Your Insurer.
As mentioned above, Washington State uses a tort system, not a no-fault system. The person who caused the accident is also the one whose insurance company is responsible for paying out full compensation (up to the limits of the policy) to others who are injured in that accident.
Punitive damages are typically awarded in cases that involve criminal acts or intentional torts. The plaintiff must prove by clear and convincing evidence that the defendant acted with a state of mind evidencing malice. Ordinary negligence does not justify the payment of punitive damages.
For every personal injury claim, there is a statute of limitations, which is a time limit for which the car accident victim can file a lawsuit against the person responsible for the accident. In Washington DC, the statute of limitations to file a claim for a car accident is three years.
The statute of limitations for a DC car accident begins on the day the collision occurred in the District of Columbia, and it typically will be three years from the day of the collision. The statute of limitations is different for a minor because a minor cannot initiate a lawsuit on their own.
If the driver is uninsured, you can file a claim for full compensation. If the at-fault driver has coverage, but not enough coverage to compensate for medical expenses and resulting wage loss, then an underinsured motorist claim can be filed for the losses that should have been covered.
Pursuant to §12-309 of the DC Official Code (2001) an action may not be maintained against the District of Columbia for unliquidated damages to person or property unless, within six months after the injury or damage was sustained, the claimant, his agent, or attorney, has given notice in writing to the Mayor of the ...
Unlike most states, Washington D.C. is a contributory negligence state. Under contributory negligence rules, victims cannot receive any compensation for their economic and noneconomic damages if they bear any degree of fault for the collision.