I Was Hit By a Driver without Insurance in DC. What Can I Do?
Fortunately for residents of the District of Columbia, there is protection in place that will cover both passengers of vehicles and pedestrians in the event that they are struck by uninsured motorists. The District established the DC Uninsured Motorist Fund to provide compensation to victims in this situation. The Fund is not available to those who were driving at the time, even if not-at-fault, or own a registered automobile.
There are eligibility requirements to receive compensation from the uninsured motorist fund after being struck by a driver who lacks DC car insurance and are based on the following conditions:
- The victim cannot be at fault, an insured, an owner of a registered vehicle, or a driver in the accident.
- The Department of Insurance, Securities, and Banking (DISB) must receive an accident claim no later than 45 days after the accident occurred. This required timeframe can be waived under certain circumstances such as if the victim is still undergoing medical treatment.
- In addition to the claim form, all required documents must be submitted to the DISB within 180 days after the accident. This requirement may also be waived under certain circumstances.
- The victim must have suffered a loss of more than $100 from the accident.
- The responsible party must be financially unable to compensate the victim.
In the event that additional information is requested from the victim to determine eligibility, he or she has 10 days to comply or the claim can be denied. Once the information requested has been provided, the victim will be notified in writing within 60 days regarding the claim. The 60-day period will not begin until all requests for information have been fulfilled by the victim.
Once the victim has provided all of the necessary documentation to the DISB, a notice of determination will be sent to the victim by first class mail. The notice of determination will include the following information:
- A disposition of the claim
- If denied eligibility, the specific reason
- The amount that will be awarded and whether compensation will be given in installments or in one lump sum
- The date, time, and place of a hearing if a victim does not agree with the determination
- A statement of agreement
If determined eligible and awarded loss of earnings, the victim will receive replacement services of no more than $50 per day. Work loss and compensation for such is determined by documents such as W-2 forms and pay stubs, but additional evidence may be requested. Reimbursement for services rendered will require receipts from the medical providers or funeral establishments.