Washington D.C drivers often have questions about the Personal Injury Protection (PIP) insurance offered to them by insurers. This optional protection is not mandatory coverage in the District of Columbia under the state’s contributory negligence laws; however, it’s important to understand the benefits and potential drawbacks of personal injury protection before you make this important choice on your auto insurance policy.
What Is Contributory Negligence Insurance Law?
Only a handful of states and the District of Columbia still operate under contributory negligence laws. This civil statute prevents car accident victims from recovering compensation from an at-fault driver’s insurance after an accident if they’ve contributed at all to the cause of the accident—even if their percentage of fault is as little as one percent. The District of Columbia Court describes contributory negligence as follows:
“A legal doctrine that says if the plaintiff in a civil action for negligence also was negligent, he or she cannot recover damages from the defendant for the defendant’s negligence.”
This insurance law makes it challenging for many car accident victims to recover compensation for medical expenses, lost wages, and pain and suffering. It incentivizes insurance companies to assign a portion of blame to injury victims with expensive damages. For this reason, the District of Columbia requires all insurance companies in the region to offer optional personal injury protection insurance to their policyholders.
What Is Personal Injury Protection Insurance (PIP)?
PIP insurance is an optional addition to the minimum required liability coverage. After a car accident, an accident victim without PIP insurance may only file a legal claim against the at-fault party’s insurance. If they contributed to the accident in any way—say, they were exceeding the speed limit by five miles per hour, but the other driver ran a red light—the insurance company can deny the victim’s claim for damages like medical expenses, lost wages, and compensation for pain and suffering. If an injured driver carries optional PIP protection, they may choose between filing for compensation against the at-fault driver or filing a claim against their PIP policy.
PIP insurance covers the car accident victim for property damage, medical expenses, and a percentage of lost wages. Most policies also include funeral and burial expenses for car accident fatalities. PIP protection covers these damages within the policy limits for the policyholder regardless of who was at fault for the accident.
If a policyholder is injured in an accident in a vehicle that isn’t their own—like a friend’s car or a rideshare vehicle—the vehicle owner’s insurance provides coverage for injuries and the injury victim’s PIP coverage on their own vehicle acts as a secondary source of coverage.
Are There Drawbacks to PIP Policies in Washington D.C.?
Choosing whether or not to make a claim against a Personal Injury Protection policy in Washington is an important decision. The law requires motorists to decide how to proceed with their compensation claim within 60 days of an accident. When an injured motorist chooses to file against their PIP policy, they may give up their right to take legal action against another driver unless their injuries are catastrophic or cause life-altering disability. The 60-day time limit requires drivers to decide on the best way to pursue compensation quickly—often before they know the full extent of the damages they’re facing.
How Can a Washington D.C. Car Accident Lawyer Help?
Washington D.C.’s contributory negligence laws require accident victims to make critical decisions about their coverage options soon after an accident—often while they’re dealing with painful injuries, medical treatment, and the physical challenges of the recovery process. A skilled car accident attorney scrutinizes the details of all available coverage options and provides experienced legal counsel to guide an injury victim on the best way forward.
If you or a close family member suffered injuries and property damage in a car accident, call the Washington D.C. car accident lawyers at Lightfoot Law, PLLC, so we can swiftly begin action on your behalf and guide you toward the maximum compensation available.