District of Columbia Personal Injury Laws: Deadlines to Sue, Fault Rules and Damage Caps
District of Columbia injury rules: deadline to sue, medical malpractice and wrongful death time limits, comparative fault, damage caps, dog bites and auto insurance minimums.
Quick answers for District of Columbia
- Deadline to sue for an injury
- D.C. has no separate deadline that names personal injury; negligence-based injury claims fall under the general 3-year period for actions not otherwise specifically covered. D.C. Code § 12-301(a)(4), (8)
- Fault rule (comparative negligence)
- Under the Motor Vehicle Collision Recovery Act, a pedestrian or "vulnerable user" (such as a cyclist or scooter, skateboard or motorcycle rider) hit by a motor vehicle or another vulnerable user is not barred from recovering because of his or her own negligence, unless that negligence… D.C. Code §§ 50-2204.51, 50-2204.52
- Wrongful death deadline
- A wrongful death lawsuit must be filed within 2 years after the death. D.C. Code § 16-2702
- Minimum car insurance
- Drivers must carry at least $25,000 per person and $50,000 per accident in bodily injury liability coverage and $10,000 in property damage liability coverage (25/50/10), plus uninsured motorist coverage of $25,000/$50,000 for injury and $5,000 for property damage ($200 deductible). D.C. Code §§ 31-2406, 31-2404, 31-2405
Last verified: 2026-10-27
Deadlines to file
| Deadline to sue for an injury | D.C. has no separate deadline that names personal injury; negligence-based injury claims fall under the general 3-year period for actions not otherwise specifically covered. Claims for assault, battery, libel, slander, false arrest or false imprisonment have 1 year. Which category applies to a particular injury claim can depend on how the claim is classified. Re-verified 2026-10-27. Source: D.C. Code § 12-301(a)(4), (8) |
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| Deadline to sue for property damage | A lawsuit for damage to real or personal property, or to recover personal property or damages for holding it unlawfully, must be filed within 3 years after the right to sue accrues. Re-verified 2026-10-27. Source: D.C. Code § 12-301(a)(2), (3) |
| Medical malpractice deadline | Medical malpractice claims fall under D.C.'s general 3-year limit. Before suing a health care provider, the injured person must give the provider written notice at least 90 days before filing, with enough information to explain the legal basis of the claim and the injuries; a court may excuse the notice requirement on a showing of good faith effort. Re-verified 2026-10-27. |
| Wrongful death deadline | A wrongful death lawsuit must be filed within 2 years after the death. Re-verified 2026-10-27. Source: D.C. Code § 16-2702 |
| Suing the government | Before suing the District of Columbia for unliquidated damages to person or property, the claimant (or an agent or attorney) must give written notice to the Mayor within six months after the injury or damage, stating the approximate time, place, cause and circumstances. A written report by the Metropolitan Police Department made in the regular course of duty counts as sufficient notice. No damages cap for claims against the District was identified in the sections reviewed. Re-verified 2026-10-27. Source: D.C. Code § 12-309 |
Fault and damages
| Fault rule (comparative negligence) | Under the Motor Vehicle Collision Recovery Act, a pedestrian or "vulnerable user" (such as a cyclist or scooter, skateboard or motorcycle rider) hit by a motor vehicle or another vulnerable user is not barred from recovering because of his or her own negligence, unless that negligence was a proximate cause of the injury and greater than the combined negligence of all defendants. This statute covers only collisions involving pedestrians and vulnerable users. Re-verified 2026-10-27. |
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Wrongful death
| Who can sue for wrongful death | The action must be brought by and in the name of the deceased person's personal representative. Damages are assessed based on the injury to the surviving spouse or domestic partner and the next of kin, and include reasonable expenses of the last illness and burial; the jury allocates the award between the spouse or domestic partner and the next of kin. No action may be brought if the injured person recovered damages for the injury while alive. Re-verified 2026-10-27. Source: D.C. Code §§ 16-2701, 16-2702 |
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| Wrongful death deadline | A wrongful death lawsuit must be filed within 2 years after the death. Re-verified 2026-10-27. Source: D.C. Code § 16-2702 |
Car accidents and dog bites
| Reporting a crash to police | A driver who knows or has reason to believe their vehicle was in a collision must stop immediately. If someone is injured, the driver must call (or have someone call) 911 or an ambulance if needed, stay until police arrive, and give identifying information to police and the injured person. If another person's property is damaged or a domestic animal is hurt and the owner is not present, the driver must give identifying information and the location to police or 911. If property or an animal left by the collision poses a risk to others, the driver must call 911 and describe the risk. D.C. Code § 50-2201.05c does not set a property-damage dollar threshold. Re-verified 2026-10-27. Source: D.C. Code § 50-2201.05c(a) |
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| Crash report to the DMV | The D.C. Code subchapter that once required drivers to file accident reports (D.C. Code §§ 50-1301.10 to 50-1301.15) has been repealed. No current driver-filed crash report requirement to the DC DMV was found in the D.C. Code. Crash reports in DC are prepared by the Metropolitan Police Department; Re-verified 2026-10-27. |
| Leaving the scene (hit and run) | A driver who knows or has reason to believe they were in a collision must stop and meet the duties above: for injuries, call for emergency help if necessary, stay until police arrive, and identify themselves; for damage to another's property or injury to a domestic animal, give identifying information to the owner (or to police/911 if the owner is absent). Being intoxicated, distracted, or not at fault is not a defense. Leaving an injury collision: up to 180 days in jail and/or a fine (up to 1 year for a repeat offense). Leaving a property or animal collision: up to 30 days and/or a fine (up to 90 days for a repeat offense). Fines are set by D.C. Code § 22-3571.01. It is a defense if the driver reasonably believed staying was unsafe and called 911 or police as soon as it was safe, gave identifying information and a description, and followed instructions. Re-verified 2026-10-27. Source: D.C. Code § 50-2201.05c |
| Minimum car insurance | Drivers must carry at least $25,000 per person and $50,000 per accident in bodily injury liability coverage and $10,000 in property damage liability coverage (25/50/10), plus uninsured motorist coverage of $25,000/$50,000 for injury and $5,000 for property damage ($200 deductible). D.C. is an optional no-fault jurisdiction: insurers must offer personal injury protection (PIP), with medical benefits of at least $50,000, paid regardless of fault. A person who elects PIP benefits (within 60 days of the accident) may sue the at-fault driver only for serious injuries (such as substantial permanent scarring or impairment, or inability to perform daily activities for more than 180 days) or when medical expenses or work loss exceed the PIP benefits. Survivors may still sue for a death. The D.C. Code shows pending amendments to § 31-2406 by D.C. Re-verified 2026-10-27. |
| Dog bites | Owners and custodians may not let their animals run at large. If a dog injures a person while at large, the owner's lack of knowledge of the dog's vicious tendencies, standing alone, does not excuse the owner from a finding of negligence. Re-verified 2026-10-27. Source: D.C. Code § 8-1808(a) |
Slip, trip and fall injuries
| Claims against a city or county | Claims against the District of Columbia (a fall on a public sidewalk or street, for example): because the District acts as both state and city, one rule covers it. A lawsuit for unliquidated damages to person or property cannot be maintained unless, within six months after the injury, the claimant (or an agent or attorney) gives written notice to the Mayor of the approximate time, place, cause and circumstances of the injury; a written Metropolitan Police Department report made in the regular course of duty also counts as notice. The section read does not set a damage cap or a separate time to sue. Source: D.C. Code § 12-309 |
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Motorcycle, pedestrian, bicycle, Uber/Lyft and truck crashes
| Pedestrian right-of-way | Pedestrian right of way: in the District, drivers must stop and remain stopped (not merely yield) for a pedestrian crossing in a marked crosswalk or an unmarked crosswalk at an intersection when the pedestrian is in the driver's lane, one lane away and approaching it, or in the lane the driver is turning into. Drivers in an adjacent lane or behind a vehicle stopped at a marked crosswalk must also stop before passing. A pedestrian who starts crossing on a WALK signal keeps the right of way until reaching the nearer sidewalk or safety island. Failing to stop for or colliding with a pedestrian is a crime punishable by a fine and up to 30 days in jail. Source: D.C. Code § 50-2201.28 |
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| Bicycle laws | Bicycles: in the District, anyone under 16 riding or operating a bicycle (or as a passenger) on a public roadway, bike path or other public right-of-way must wear a helmet; a parent or guardian who knowingly allows a violation faces a $25 fine, suspended for first-time violators. Bicycle riding on the sidewalk is permitted by statute, and bicyclists in crosswalks or on sidewalks have pedestrian rights but must yield to pedestrians. |
| Uber and Lyft insurance | Uber/Lyft insurance: in the District, while a private vehicle-for-hire (rideshare) operator is logged on to the company's digital dispatch but not on a trip, the operator or company must carry primary liability insurance of at least $50,000 per person, $100,000 for all persons per accident, and $25,000 for property damage. From accepting a ride until the passenger leaves the vehicle, the company or operator must maintain primary liability coverage of at least $1,000,000 per occurrence. The section does not itself require uninsured/underinsured motorist coverage. Source: D.C. Code § 50-301.29c |
Construction accidents
| Construction site injuries | Construction injuries: under the District's workers' comp law, the employer's liability for compensation is exclusive and in place of all other liability for a work injury, and comp is the exclusive remedy against the employer, co-workers, officers and the insurer acting within the scope of employment. An injured worker may also seek damages from a third party outside that group (such as another contractor or an equipment maker); accepting comp under an order assigns the claim to the employer unless the worker sues within six months after the award. No scaffold-law statute was searched for or reviewed. Source: D.C. Code §§ 32-1504, 32-1535 |
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Personal Injury & Wrongful Death FAQ
What is the statute of limitations for personal injury in District of Columbia?
D.C. has no separate deadline that names personal injury; negligence-based injury claims fall under the general 3-year period for actions not otherwise specifically covered. Claims for assault, battery, libel, slander, false arrest or false imprisonment have 1 year.
How long do you have to sue for property damage in District of Columbia?
A lawsuit for damage to real or personal property, or to recover personal property or damages for holding it unlawfully, must be filed within 3 years after the right to sue accrues.
What is the statute of limitations for medical malpractice in District of Columbia?
Medical malpractice claims fall under D.C.'s general 3-year limit. Before suing a health care provider, the injured person must give the provider written notice at least 90 days before filing, with enough information to explain the legal basis of the claim and the injuries; a court may excuse the notice requirement on a showing of good faith effort.
How long do you have to file a wrongful death lawsuit in District of Columbia?
A wrongful death lawsuit must be filed within 2 years after the death.
Who can file a wrongful death lawsuit in District of Columbia?
The action must be brought by and in the name of the deceased person's personal representative. Damages are assessed based on the injury to the surviving spouse or domestic partner and the next of kin, and include reasonable expenses of the last illness and burial; the jury allocates the award between the spouse or domestic partner and the next of kin. No action may be brought if the injured person recovered damages for the injury while alive.
Can you recover damages if you were partly at fault in District of Columbia?
Under the Motor Vehicle Collision Recovery Act, a pedestrian or "vulnerable user" (such as a cyclist or scooter, skateboard or motorcycle rider) hit by a motor vehicle or another vulnerable user is not barred from recovering because of his or her own negligence, unless that negligence was a proximate cause of the injury and greater than the combined negligence of all defendants.
How do you file an injury claim against the government in District of Columbia?
Before suing the District of Columbia for unliquidated damages to person or property, the claimant (or an agent or attorney) must give written notice to the Mayor within six months after the injury or damage, stating the approximate time, place, cause and circumstances. A written report by the Metropolitan Police Department made in the regular course of duty counts as sufficient notice.
Is a dog owner liable for a dog bite in District of Columbia?
Owners and custodians may not let their animals run at large. If a dog injures a person while at large, the owner's lack of knowledge of the dog's vicious tendencies, standing alone, does not excuse the owner from a finding of negligence.
What is the minimum car insurance required in District of Columbia?
Drivers must carry at least $25,000 per person and $50,000 per accident in bodily injury liability coverage and $10,000 in property damage liability coverage (25/50/10), plus uninsured motorist coverage of $25,000/$50,000 for injury and $5,000 for property damage ($200 deductible). D.C. is an optional no-fault jurisdiction: insurers must offer personal injury protection (PIP), with medical benefits of at least $50,000, paid regardless of fault. A person who elects PIP benefits (within 60 days of the accident) may sue the at-fault driver only for serious injuries (such as substantial permanent scarring or impairment, or inability to perform daily activities for more than 180 days) or when medical expenses or work loss exceed the PIP benefits. Survivors may still sue for a death.
When do you have to report a car accident to the police in District of Columbia?
A driver who knows or has reason to believe their vehicle was in a collision must stop immediately. If someone is injured, the driver must call (or have someone call) 911 or an ambulance if needed, stay until police arrive, and give identifying information to police and the injured person. If another person's property is damaged or a domestic animal is hurt and the owner is not present, the driver must give identifying information and the location to police or 911. If property or an animal left by the collision poses a risk to others, the driver must call 911 and describe the risk.
Do you have to report a car accident to the DMV in District of Columbia?
The D.C. Code subchapter that once required drivers to file accident reports (D.C. Code §§ 50-1301.10 to 50-1301.15) has been repealed. No current driver-filed crash report requirement to the DC DMV was found in the D.C. Code.
What are your duties after a car accident in District of Columbia?
A driver who knows or has reason to believe they were in a collision must stop and meet the duties above: for injuries, call for emergency help if necessary, stay until police arrive, and identify themselves; for damage to another's property or injury to a domestic animal, give identifying information to the owner (or to police/911 if the owner is absent). Being intoxicated, distracted, or not at fault is not a defense. Leaving an injury collision: up to 180 days in jail and/or a fine (up to 1 year for a repeat offense). Leaving a property or animal collision: up to 30 days and/or a fine (up to 90 days for a repeat offense). Fines are set by D.C. Code § 22-3571.01.
How long do you have to file a claim against a city or county in District of Columbia?
Claims against the District of Columbia (a fall on a public sidewalk or street, for example): because the District acts as both state and city, one rule covers it. A lawsuit for unliquidated damages to person or property cannot be maintained unless, within six months after the injury, the claimant (or an agent or attorney) gives written notice to the Mayor of the approximate time, place, cause and circumstances of the injury; a written Metropolitan Police Department report made in the regular course of duty also counts as notice. The section read does not set a damage cap or a separate time to sue.
Who has the right of way, a pedestrian or a driver, in District of Columbia?
Pedestrian right of way: in the District, drivers must stop and remain stopped (not merely yield) for a pedestrian crossing in a marked crosswalk or an unmarked crosswalk at an intersection when the pedestrian is in the driver's lane, one lane away and approaching it, or in the lane the driver is turning into. Drivers in an adjacent lane or behind a vehicle stopped at a marked crosswalk must also stop before passing. A pedestrian who starts crossing on a WALK signal keeps the right of way until reaching the nearer sidewalk or safety island. Failing to stop for or colliding with a pedestrian is a crime punishable by a fine and up to 30 days in jail.
What are the bicycle laws in District of Columbia?
Bicycles: in the District, anyone under 16 riding or operating a bicycle (or as a passenger) on a public roadway, bike path or other public right-of-way must wear a helmet; a parent or guardian who knowingly allows a violation faces a $25 fine, suspended for first-time violators. Bicycle riding on the sidewalk is permitted by statute, and bicyclists in crosswalks or on sidewalks have pedestrian rights but must yield to pedestrians.
What insurance must Uber and Lyft drivers have in District of Columbia?
Uber/Lyft insurance: in the District, while a private vehicle-for-hire (rideshare) operator is logged on to the company's digital dispatch but not on a trip, the operator or company must carry primary liability insurance of at least $50,000 per person, $100,000 for all persons per accident, and $25,000 for property damage. From accepting a ride until the passenger leaves the vehicle, the company or operator must maintain primary liability coverage of at least $1,000,000 per occurrence. The section does not itself require uninsured/underinsured motorist coverage.
Can you sue for a construction accident in District of Columbia?
Construction injuries: under the District's workers' comp law, the employer's liability for compensation is exclusive and in place of all other liability for a work injury, and comp is the exclusive remedy against the employer, co-workers, officers and the insurer acting within the scope of employment. An injured worker may also seek damages from a third party outside that group (such as another contractor or an equipment maker); accepting comp under an order assigns the claim to the employer unless the worker sues within six months after the award.
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