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Partly at fault in the District of Columbia? The 1% rule

How contributory negligence works in the District of Columbia, the law behind it and how insurers apply it.

Short answer

In District of Columbia, if you were even slightly at fault (1% or more), you may be barred from recovering anything from the other driver. Courts recognize a few narrow exceptions.

Rule
Contributory negligence
You recover nothing at
any fault (1% or more)
Law
DC common law; D.C. Code § 50-2204.52 makes an exception: a pedestrian, cyclist or other vulnerable road user hit by a vehicle is not barred unless their negligence is greater than all defendants' combined.
Insurance system
Choice no-fault

Insurance and small claims in the District of Columbia

Fault-based with an optional no-fault choice. Insurers must offer personal injury protection (PIP), but it is optional.

Small claims limit for car damage in the District of Columbia: $10,000 (Superior Court Small Claims and Conciliation Branch). District of Columbia small claims guide on RobinClaim

How fast an insurer must handle a claim in the District of Columbia

  • D.C. Code § 31-2231.17 bans insurers, as a general practice, from failing to acknowledge claims promptly, failing to affirm or deny coverage within a reasonable time, and refusing to pay without a reasonable investigation.
  • The statute sets no fixed number of days.

More facts for the District of Columbia

  • DC keeps the strict contributory negligence rule for drivers: if you were even slightly at fault, you may be barred from recovering. Pedestrians and cyclists have a statutory exception (D.C. Code § 50-2204.52).

If the insurer says you were partly at fault

  1. Get the police report. Request the Accident Report (PD-10) from MPD's Public Documents Section (Records Division). Reporting a crash in the District of Columbia and getting the police report
  2. Ask the insurer in writing what share of the fault it gave you and why, and send your photos, witness names and estimates.
  3. If the insurer blames you without a good reason, complain to DC Department of Insurance, Securities and Banking (DISB), Consumer Services Division.
  4. Sue before the deadline: 3 years for both property damage and injury. Deadlines to sue in the District of Columbia, with the calculator

Who pays in District of Columbia: fault and payout explainer

Contributory negligenceIn District of Columbia, if you were even slightly at fault (1% or more), you may be barred from recovering anything from the other driver. Courts recognize a few narrow exceptions.

Free help in the District of Columbia

Questions about comparative fault in the District of Columbia

Can I get money if I was partly at fault in the District of Columbia?

In most cases, no. District of Columbia uses contributory negligence: even 1% of the blame can bar you. DC common law; D.C. Code § 50-2204.52 makes an exception: a pedestrian, cyclist or other vulnerable road user hit by a vehicle is not barred unless their negligence is greater than all defendants' combined.

Does fault still matter under District of Columbia's choice system?

District of Columbia uses a choice system: drivers choose options that decide how injury claims work, such as no-fault benefits or limits on suing for pain and suffering. The details are below. Fault-based with an optional no-fault choice. Insurers must offer personal injury protection (PIP), but it is optional.

Where can I complain if an insurer blames me unfairly in the District of Columbia?

DC Department of Insurance, Securities and Banking (DISB), Consumer Services Division: https://disb.dc.gov/complaints · (202) 727-8000

How fast must an insurer handle a car insurance claim in the District of Columbia?

D.C. Code § 31-2231.17 bans insurers, as a general practice, from failing to acknowledge claims promptly, failing to affirm or deny coverage within a reasonable time, and refusing to pay without a reasonable investigation. The statute sets no fixed number of days.

How do I get the police report in the District of Columbia?

Request the Accident Report (PD-10) from MPD's Public Documents Section (Records Division). Only people involved in the crash (or their lawyer) can request it this way; others use MPD's FOIA office. By email or mail, send a copy of your government photo ID and the completed form PD 10B; mail requests can take about 6 weeks. In person at MPD Headquarters, 441 4th St. NW, is by appointment only: (202) 671-6705. It is free for people involved; insurers pay $3. Questions: (202) 727-4357. https://mpdc.dc.gov/node/186832

More for the District of Columbia drivers

Nearby states

Sources and last check
Sources

Last checked: Oct 24, 2026.