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Is District of Columbia an At-Fault or No-Fault State?

Partly — District of Columbia is a choice no-fault state. Whether no-fault limits on suing apply depends on an election, not on the state alone.

Fault system
Choice

The District's Compulsory/No-Fault Motor Vehicle Insurance Act keeps liability insurance mandatory and personal injury protection optional, so most crashes are settled on fault. The choice only exists if you bought personal injury protection: after a crash you have 60 days to tell the insurer whether you elect those benefits. Elect them and you may sue the other driver only if the injury causes substantial permanent scarring or disfigurement, a substantial and medically demonstrable permanent impairment affecting your professional or daily activities, or an impairment keeping you from your usual daily activities for more than 180 continuous days — or if your medical and work-loss costs exceed the benefits available. Say nothing within 60 days and the ordinary liability coverage applies. The insurer must tell any identifiable victim about the 60-day window in writing, the two sides may extend it by written agreement, and a family member can make the election for someone incapacitated. Survivors of a victim who died may sue regardless of what the victim elected.

Comparative negligence rule
Pure contributory negligence — any fault at all bars recovery, except for pedestrians and other vulnerable users

The District is one of the last handful of jurisdictions where being even slightly at fault wipes out your claim. The rule comes from the common law, not a statute; the Council has carved into it rather than replaced it. Since November 26, 2016 a pedestrian or non-motorized user in a collision with a motor vehicle — and the protection also covers a vulnerable user struck by another vulnerable user, or a pedestrian struck by one recovers unless their own negligence was a proximate cause and greater than the combined negligence of all the defendants, and since March 16, 2021 that protection also covers motorcyclists and riders of motor-driven cycles, motorized bicycles, dirt bikes, all-terrain vehicles, electric mobility devices and similar vehicles. Driver-against-driver claims are still governed by pure contributory negligence. The last clear chance doctrine and joint and several liability are untouched.

PIP minimum limit
$50,000

Applies only if you bought personal injury protection, which is optional here. $50,000 is the floor for medical and rehabilitation benefits per victim; work loss must be offered at $12,000 and $24,000 and funeral benefits run to $4,000. The paying insurer generally has no right of reimbursement from the at-fault driver's insurer unless the crash involved a vehicle other than a passenger car.

How District of Columbia compares with every other state

What the fault rule decides

A choice state is the hardest kind to look up, because the answer depends on a decision made when the policy was written rather than on the state alone. 4 of the 51 jurisdictions on this site are set up this way. Two drivers in District of Columbia, insured on the same street, can be under different rules after identical crashes — so the question to answer first is which election your own policy carries.

This is the rule to read twice. Under pure contributory negligence, any share of the blame at all — one percent — ends the claim. Not reduces it: ends it. Take a hypothetical $100,000 in damages, purely as arithmetic: in most of the country a driver 10% at fault collects $90,000; in District of Columbia they collect nothing. Only 5 of the 50 jurisdictions on this site still apply it, which also means the other side's insurer has an unusually strong incentive to find some fault in what you did, however small.

The $50,000 of personal injury protection is the money that moves first, before anyone argues about blame — and it is the highest of the 18 that require it. Treat it as a floor rather than a budget: it is what the state makes you carry, not an estimate of what an injury costs.

Every statute cited for District of Columbia

What changed

Why the rule looks like this

More on District of Columbia

Checked against the primary sources above on September 30, 2026. If a figure here is wrong, tell us and we will fix it — what we have corrected so far is public.