If you are suffering physical, emotional, and financial harm as a result of another driver’s reckless actions, now is the time to contact Simeone & Miller to discuss your legal options. Your initial consultation is free, and once you become our client, you will be charged no attorneys’ fees until we recover the damages you are entitled to receive. 

Whichever part of the D.C. area you reside in, whether the city itself or adjacent parts of Maryland or Virginia, you can depend on our lawyers’ comprehensive knowledge of city and state laws, ability to navigate the judicial system effectively, and empathic response to all you are going through. We will provide you with individual attention and respect and pull out all the stops to bring you the resources required to move forward. We will also do all we can to provide you the space to rest and recover.

What to Do After a Car Accident

In the immediate aftermath of a car accident, most people are shaken and confused. It is, however, important to keep a clear head and prioritize what has to be done. The first step that must be taken is, wherever possible, to tend to injuries, to move everyone involved out of harm’s way, and to call 911 for police presence and medical assistance. 

The next steps are crucial since they will affect your ability to collect the compensation you need and deserve for vehicle damage, loss of property, and personal injury if another party’s negligence caused the accident. 

Documenting the Scene: What Information to Collect

In order to pursue damages, you will need whichever of the following are available: 

  • Contact and insurance information: names, addresses, and phone numbers of all involved parties (including witnesses and passengers).
  • Vehicle information: the make, model, and license plate numbers of all vehicles involved, as well as details of the other motorist’s license, registration, and insurance.
  • Photographic evidence: clear photographs of the accident scene, vehicle damage, and any relevant road conditions, signs or traffic signals.
  • Surveillance footage: of the accident scene and surrounding area. 
  • Accident details: date, time, and location of the accident, including any damage to vehicles and property.
  • Witness statements: witness accounts of what happened.

If you are too badly injured to participate in documenting the scene, someone else will do it for you: a witness, a passenger, and the police will take care of these tasks. In any case, our attorneys will do a full investigation to put all the pieces of the car accident together afterward.

Reporting the Accident

In Washington D.C., reporting the accident to law enforcement is a good idea, but not essential. An official police report can be critical for your insurance claim and legal proceedings. 

Once the police arrive at the scene, they will document all the details of the accident. You should request a copy of the police report once it becomes available. This report will serve as an official record and can be beneficial when filing an insurance claim or seeking legal action. 

Having a Medical Check-Up

Even if you seem to be uninjured or to have only a minor injury at the time of the accident, it is wise to get a medical check-up to make sure you do not have an injury you are unaware of or one that may worsen if not treated promptly.

The United States Capitol Building at Sunrise in Washington DC

Contacting a Car Accident Attorney

The sooner you get in touch with an attorney, the sooner the wheels will start turning. That’s why it makes sense to contact them early on.  They can then begin an investigation, determine if you have a case, and start pursuing your claim by filing claims with the appropriate insurance companies.

To File a Claim Your Attorney Will:

  1. Report the accident as soon as possible, providing your auto insurance company with the necessary information.
  2. Complete the required insurance claim form accurately and completely. Make sure that all information matches what was documented at the scene.
  3. Provide evidence, the police report, and any medical records directly related to the accident.
  4. Follow up by staying in contact with your insurance company to track the progress of your claim and provide any additional information requested. Follow up is essential since without it there are more likely to be unnecessary delays due to misplaced, incomplete documents, or inattention.
  5. Determine whether you should provide a statement.  You are not always required to provide a written statement to an insurance company, and your attorney will determine whether you need to and, if not, whether doing so is in your best interests.  

Washington D.C. operates under a hybrid insurance system that combines elements of no-fault and traditional fault-based insurance. Understanding this system is essential for managing your claim effectively.

Personal Injury Protection (PIP) Insurance

In Washington D.C., drivers are required to carry Personal Injury Protection (PIP) insurance. PIP is a no-fault insurance coverage designed to cover:

  • Medical expenses related to injuries sustained in a car accident, regardless of fault, including doctor visits, hospital stays, and rehabilitative treatment.
  • Percentage of lost wages if you are unable to work due to your injuries.

However, PIP does not cover pain and suffering.  Accordingly, PIP is best suited to cases without significant pain and suffering and other non-economic damages. 

Choosing Between No-Fault and Fault-Based Insurance in D.C.

Traditional Fault-Based Insurance

If you choose this option, you make a claim against the at-fault driver’s insurance for damages and can recover pain and suffering, in addition to medical costs and loss of income. 

PIP Coverage

Alternatively, you can opt for PIP coverage, which pays only medical bills and some loss of income, but which does not require you to prove the other driver was at fault.   There is a deadline in Washington, DC for electing to make a PIP claim and that must be met.  

Dealing with Uninsured/Underinsured Motorist Coverage

If you are involved in an accident with an uninsured or underinsured driver, your own uninsured/underinsured motorist (UM/UIM) coverage will come into play. This coverage is separate from PIP and can help you recover additional damages if the at-fault driver’s insurance is insufficient or they do not have any coverage. Handling UM/UIM coverage involves:

  1. Identifying the amount of UM/UIM coverage on your insurance policy.
  2. Filing a UM/UIM claim under your UM/UIM policy if the other driver is uninsured or underinsured, or if the accident was a hit-and-run. To file this claim, you or your attorney must provide your insurance company with the accident details, police report, and any evidence of damages and injuries.

Personal Injury Protection (PIP) Claims in the Region

PIP coverage varies significantly across different districts and states in the region:

Washington D.C.

D.C. mandates PIP insurance with a minimum coverage for medical expenses and lost wages. There is a deadline for deciding between electing PIP coverage and pursuing a claim against the at-fault driver.  

Maryland

Maryland does not require PIP insurance but allows drivers to purchase it voluntarily. If you choose to have PIP, it can cover medical expenses and lost wages up to the policy limits.  Maryland law permits you to both make a PIP claim and pursue claims against any negligent parties.

Virginia

Virginia also does not mandate PIP insurance. Instead, it relies on a traditional fault-based system where drivers can opt for optional medical payment coverage to help with medical expenses.  Virginia law also permits you to both make a PIP claim and pursue claims against any negligent parties. 

Notably, if you are a resident of one state and have an accident in another, you could face a “choice of law” issue. Understanding how PIP and other insurance coverages apply in these situations can be complex, which makes consulting with one of our personal injury lawyers a wise move.

At Simeone & Miller LLP, we do not take a percentage of your recovery from a PIP policy. Instead, we charge a small fee to cover our time and expenses. The fee is taken out of your recovery at the end of the case. If you are not eligible for PIP, we do not accept a fee.

Claims Against Non-Drivers: A Further Complication

At times, car accidents are caused by someone other than another driver or a third driver whose recklessness causes the other two cars to collide. Examples of third-party causation include crashes that are the result of:

  • Potholes, debris, or unplowed/untreated ice or snow on the roadway
  • Defective auto parts like brakes, tires, or airbags
  • Improperly marked construction areas at an intersection or construction tools or materials left on the road
  • Unrepaired traffic signs or signals

In situations like the above, our lawyers may have to file a claim against the negligent third party, e.g. the government agency responsible for road maintenance, the auto manufacturer, designer, or marketing firm of the defective part, or the construction company that did not provide appropriate warnings to motorists.

Car, Crash, Claim Form, Expertise, Insurance

Understanding Your Legal Rights Under D.C. Law

The D.C. PIP Election

While D.C.’s no-fault system covers medical expenses and lost wages through PIP, there are exceptions. Under the following circumstances, you may pursue a PIP claim and a claim against the at-fault driver:

  • Serious Injuries: If your injuries are severe, you may file a lawsuit for additional compensation beyond what PIP covers.
  • Significant Property Damage: If the accident resulted in significant property damage, you may have grounds for a claim against the at-fault driver’s insurance.

Contributory Negligence Rules in Our Region

Throughout the country, state laws take into account the fact that more than one party may be to blame for a car accident, but these laws vary widely from one state to another. Most states operate under the principle of comparative negligence that permits injured parties to receive a portion of damages even if they bear partial responsibility for the crash. 

A small number of jurisdictions, including Washington D.C., Maryland, and Virginia, follow the principle of contributory negligence. This rule means that if you are found to be partially at fault for the car accident, you will not be able to recover any damages. Even if your portion of blame is deemed to be even less than 1 percent by the court, you will be barred from receiving any compensation for your injuries. 

This makes having the right legal representation in our part of the U.S. invaluable since it takes well-honed skills and extensive experience to prove that another party was entirely at fault. Only then, will you be eligible for damages. 

Common Mistakes To Avoid After a Car Accident

Wise advice from an attorney can prevent you from unwittingly working against your own best interests in regard to an insurance claim. Here are some examples of post-accident mistakes that can negatively impact the outcome:

Admitting Fault

You should not admit fault at the scene of the accident when you may be in shock, upset, or simply feeling regretful that this incident occurred. Such an admission, even if you reconsider its accuracy later, may be documented by the insurance company or the other driver and used to hold you responsible for damages even if you were actually a victim.

Fault should be determined based on the evidence and investigation. Wait until you discuss your case with one of our savvy attorneys who will determine liability based on proven facts.

Not Seeking Legal Advice at the Outset

If you delay consultation with an insightful lawyer, you are putting yourself at a disadvantage. On the other hand, if you consult with one of our seasoned attorneys promptly, you will have a powerful legal advocate in your corner, one with an impressive track record of success. 

Accepting a Low Settlement 

Insurance adjusters routinely offer settlements that are lower than what you’re entitled to in order to protect the bottom line of the company that employs them. Don’t rely on your own guess about how much the damages should be. Instead, consult with one of the knowledgeable attorneys at Simeone & Miller.

Services Our Dedicated Attorneys Will Provide

The legal team of Simeone & Miller will fight tirelessly to protect your rights by: 

  • Making you aware of your legal rights and options
  • Investigating the accident site and gathering evidence
  • Thoroughly examining the police report and medical records
  • Identifying and interviewing witnesses
  • Consulting with relevant experts (e.g. in accident reconstruction, mechanics, medicine) who will be able to testify on your behalf 
  • Negotiating skillfully with insurance adjusters and opposing attorneys to arrive at a meaningful out-of-court settlement
  • Litigating forcefully if necessary to recover maximum damages

We are committed to doing whatever it takes to bring you the substantial compensation necessary to recover from your injuries and secure your future.

The Importance of Medical Documentation

In order to prove that you have a serious injury attributable to a car accident, you must have more than symptoms to back up your negligence claim. It is critical to have medical records, which may include diagnoses, physical exam results, blood and breathing test results, imaging tests (e.g. X-rays, ultrasound, CT or MRI scans), etc. to substantiate your claim. To this end, it is necessary to: 

  1. Keep records of dates and times of your medical appointments, including emergency or urgent care, follow-ups with your primary care physician, ongoing treatment, rehabilitative therapy, and visits with specialists.
  2. Make sure each of your healthcare providers takes note of all your symptoms.
  3. Your attorney can assist you in finding medical care following your accident, even if you do not have health insurance.
  4. Keep a record of all medical fees and charges, not only for visits, but for prescription drugs, medical devices, and healthcare equipment and supplies.

How Medical Documentation Affects Compensation

Medical documentation plays a vital role in determining the amount of compensation you receive. It helps establish the extent of your injuries, the necessary treatments, and the impact of your injuries on your work and daily life.

Statute of Limitations for Car Accidents

As with many other legal actions, there are statutes of limitations for filing personal injury claims that may vary from one state or district to another. 

Understanding the Time Limits for Filing a Claim in the D.C. Area

In Washington, D.C., the statute of limitations for filing a personal injury claim arising from a car accident is 3 years from the date of the accident. It’s important to file your claim within this time frame to retain your right to seek compensation. The statute of limitations in Maryland is also 3 years, but in nearby Virginia, you only have 2 years to file your claim. 

Consequences of Missing the Statute Limitations

Failing to file your claim within the designated time period can result in losing your right to pursue legal action. This means you may be unable to recover damages for medical expenses, lost wages, and other losses related to the accident. In some cases, the statute of limitations can be extended or tolled, including if a party was a minor at the time of the accident.

Recovering From Serious Injuries Takes Patience and Fortitude

In the end, the most challenging part of handling a car accident is dealing with serious injuries. Severe injuries can have long-term or permanent impact on every part of your life. Even relatively simple injuries, such as bone fractures, typically take months to heal and may require surgery. They may also leave you with residual damage involving limited mobility or ongoing pain. This is why the law allows compensation to victims of negligence who have suffered serious or catastrophic injuries, such as:

Damages We Will Fight For

Our determined attorneys will fight for both economic and non-economic compensatory damages.

Economic Compensation will reimburse you for actual costs related to your accident, including:

  • Medical, rehabilitative, and pharmaceutical expenses
  • Psychological therapy
  • Property damage
  • Lost income (present and future)
  • Long-term care
  • Alterations to make your home accessible
  • Replacement costs for services you can no longer provide

Non-Economic Compensation is designed to cover intangibles, such as:

  • Physical pain 
  • Emotional suffering
  • Disfigurement
  • Permanent disability
  • Loss of consortium
  • Loss of enjoyment of life

If the defendant’s negligence was particularly egregious, for example if the other driver was impaired and driving recklessly, the court may also award you punitive damages. Punitive damages are intended to punish the offending party and to discourage other drivers from engaging in similar misconduct.

Wrongful Death, the Ultimate Injury

If you have endured the tragic loss of a loved one in a car accident, our lawyers will fight tooth and nail to recover the funds you need to cover:

  • Final medical expenses
  • Funeral, burial or cremation costs 
  • Loss of financial support
  • Loss of consortium
  • Loss of companionship and emotional support

Our goal, like yours, is to bring you maximum compensation and a modicum of justice.

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Contact Our Experienced Washington, D.C. Personal Injury Attorneys

Handling a car accident, difficult in any case, is complicated by the ongoing pain and stress of coping with an injury. With the right guidance and support, however, you and your family can navigate the process successfully. Contact Simeone & Miller today for a free evaluation of your case. Once you get in touch with us, you will feel the confidence that comes from having a capable, caring attorney at the helm.