Skip to main content

4 Things To Know If You’ve Been Hurt In A Car Accident

Posted in Motor Vehicle Accidents.

Car accidents in DC, Maryland, and Virginia can cause serious injuries. Whether a crash occurred on the Beltway, 270, or 295 in the District, if you have been hurt in a car accident, here is some important information you should know:

1. Time Limits

Every state has time limits for filing a lawsuit after a car accident or other personal injury, and the time limits can be different depending on where the accident happened and whether the accident was caused by a local or a federal government worker who was on the job at the time.

For example, in an accident in Washington D.C., the statute of limitations is usually three years from the date of the accident, meaning you have three years to file a lawsuit against the driver or company who caused the accident. But if a DC government employee (who is working at the time) caused the accident, you must put the District government on notice of the accident and injuries within six months, in accordance with D.C. code, section 12–309.

In Maryland, the statute of limitations for an injury case is usually three years as well, but again that may depend on who caused the accident.

Virginia car accident cases have a two-year statute of limitations, but again, there are additional issues if you were injured by a local or state government employee who was working at the time they caused the accident.

Remember, the statute of limitations is just the outer time limit for filing a lawsuit to recover damages for your injuries. But in most cases, you should not wait that long.

After a serious car accident, especially if your injuries include fractures, requiring surgery or hospitalization, or will keep you out of work for a long time, we recommend that you file a claim with the car insurance company of the driver or company who caused the accident as soon as possible. This is different from filing a lawsuit against them.

In almost all car accident claims, it is better to let the car insurance company know about the crash and the injuries from the beginning.

Some car insurance companies will tell you things like you have 30 days to respond before they will “close your claim” or “close your file.” These threats do not have any legal effect, a claim can be reopened at any time, as long as you are within the statute of limitations.

So, don’t fall for that or be pressured into taking a low settlement offer just because a car insurance company says it will be closing your file.

We get car insurance companies to reopen their claim files all the time.

2. Determining Fault

After an accident, you have to prove to the car insurance company that their driver or their company was at fault and is legally responsible for your injuries and damages.

Especially in a case with serious injuries, the car insurance company will be conducting its own investigation to determine liability (who is at fault), so it is important to start this process early.

This can be done by obtaining the police report if one is available. Usually, the police report has a diagram of the accident and a description of what happened based on what the drivers and witnesses told the investigating police officer.

If there are witnesses to the accident, you should contact them and get their statements regarding how the accident occurred and what they saw. If there is any video available, from any source, including local businesses or homeowners who may have captured the accident, you will need to secure that.

In addition, make sure you photograph all of the damage to the cars and their positions, or have someone do so, as that can also help determine liability.

3. Medical Treatment After A Car Accident 

If you were injured in a car accident, it is important to receive good medical treatment that documents the cause, nature, and extent of your injuries, as well as a treatment plan. This is important evidence that the insurance company will consider in analyzing your claim for damages.

It is important to be upfront and honest with your doctors and healthcare providers, and to make sure you tell them that you were hurt in a car accident. Some people will go to the doctor and just say that they hurt their back two weeks ago – that is not a sufficient description if your injuries were caused by a car accident.

You can choose your own doctors and healthcare providers to make sure you get the best medical treatment for your injuries. Some personal injury lawyers in DC and Maryland refer their clients to specific doctors and chiropractors. However, we do not believe that is a good policy, and we usually recommend that you see your primary care physician, or get referrals to a specialist from your family, friends, and coworkers.

It is important to keep up with your medical treatment plan until you are feeling better. If there are large gaps in your medical treatment, such as times when you were not going to physical therapy, seeing a doctor, or receiving any active medical treatment, the insurance company will conclude that you were better and did not need any treatment.

4. Liens

Most people are not aware that there may be liens on their settlement or recovery based on different factors. Here are a few that we frequently see:

  • Medicare and Medicaid:
    • If you are a Medicare or Medicaid recipient and your medical treatment for the injuries you sustained in a car accident was paid for by either Medicare or Medicaid, those government agencies will have a right to be repaid out of any settlement or verdict against the other driver or their insurance company. It is important to contact Medicare and Medicaid early in the process so you can monitor the amount of any lien they have. Our team always reviews these charges and often finds that Medicare or Medicaid included additional treatment that was not related to the injuries from the car accident and should not be included. There are also ways to have these liens reduced at the time of settlement. However, Medicare and Medicaid have an absolute right of repayment according to the law, so you need to account for that in any settlement.

 

  • Health Insurance:
    • Some private health insurance companies have a right of subrogation or repayment written into their insurance policies that allows them to recover what they have paid for your medical treatment caused by an accident.
    • We usually recommend that people use their health insurance when receiving treatment for their injuries. There are several reasons for this:
      • First, the health insurance reimbursement rate is much less than the actual charges or uninsured rate that doctors and hospitals charge. Second, there are doctors and physical therapy groups that will ask you to sign a contract, usually including your car accident lawyer, that indicates they will not expect payment until your case settles.
      • There are several problems with this arrangement. Many times, the doctor’s office is doing this because they want to collect the full amount of their actual charges rather than the reimbursement rate of your health insurance plan, so they make more money and you receive less out of your settlement. Plus, if something goes wrong with your case and you lose, or do not settle, you will still owe the doctor the full amount of the charges. And if your health insurance has not been billed throughout the course of your medical treatment, they may deny payment at the end.

 

  • Worker’s Compensation:
    • If you were on the job and someone else caused the accident (it cannot be a coworker or someone who works for the same company as you), you can get both Worker’s Compensation benefits from your employer and their Worker’s Compensation insurance company because you were hurt on the job.
    • In addition, You can pursue a claim against the other driver or a company that caused the accident and your injuries, and sometimes this is called a third-party case in parentheses because the person who caused the accident works for another company)
    • Worker’s Compensation will pay your benefits and medical treatment as you go along and cannot work. By law, they will also have a right to be repaid a portion of what they have paid to you in Worker’s Compensation benefits, or for your medical treatment. But again, just like health insurance, the Worker’s Compensation reimbursement rates to healthcare providers are lower than the actual charges. 
    • This for things also show why it’s important to have an experienced car accident, lawyer, help guide you through this process. Like all of our local laws and regulations, these have become more complicated over time.
    • Plus, with the high cost of medical expenses associated with a serious injury, and then time off of work, most people need to recover from serious injuries, hospitalizations, and surgeries, you  do not want to be taken advantage of either by an insurance company or because you do not know the law or system.

 

For over 27 years, we’ve been assisting individuals in standing up against car insurance companies. With our extensive experience, we’ve written several books, guides, and reports to help you comprehend how a car accident case works in DC, Maryland, or Virginia. We’re proud to share that we’ve received over 183 5-star reviews (and growing!) from satisfied clients.

Our top priority is assisting you and your family during this difficult time. We invite you to call us at 202-393-3320 to schedule a confidential, no-obligation strategy session to determine if we’re the right lawyers for you and your family.

 

If you’re looking to educate yourself more on motor vehicle accidents and how to navigate the legal process, we’ve got you covered. Our law firm offers a variety of free resources on our website, including articles, guides, and reports. These resources are designed to help you understand the legal system and your rights as a victim of a car accident. We believe that education is key to ensuring that you receive the best possible outcome for your case.