In Capitol Hill, an underinsured motorist claim under D.C. Code § 31-2406 allows you to recover from your own policy when the at-fault driver’s insurance is insufficient. Law Offices Of SRIS, P.C. has 1 documented result in Washington, D.C. with a 100% favorable outcome rate. Consultation by appointment.
Under D.C. Code § 31-2406, all auto insurance policies sold in the District of Columbia must include uninsured and underinsured motorist (UIM) coverage. An underinsured motorist claim arises when the at-fault driver carries liability insurance, but the policy limits are insufficient to cover your total damages — including medical bills, lost wages, and pain and suffering. The UIM coverage on your own policy steps in to fill the gap, up to the limits you purchased. Washington, D.C. follows a contributory negligence rule, meaning if you are found even 1% at fault for the accident, you are completely barred from recovering any compensation. This makes it critical to preserve evidence immediately after a collision and to work with an experienced attorney who understands how to handle these strict legal standards.
Last verified: April 2026 | DC Superior Court | D.C. Code § 31-2406 (official District of Columbia Code)
For the official statute governing underinsured motorist claims in Washington, D.C., see D.C. Code § 31-2406 (official District of Columbia Code). For court procedures and filing information, visit the DC Courts official website.
In DC Superior Court, underinsured motorist claims require you to first exhaust the at-fault driver’s liability policy limits before your UIM coverage activates. This means you must obtain a settlement or judgment against the at-fault driver for the full amount of their policy before making a UIM claim. The process involves filing a civil complaint in the Civil Division at 500 Indiana Avenue NW, followed by discovery and mandatory mediation. DC law requires all auto insurers to offer UIM coverage, and you must specifically reject it in writing if you do not want it — otherwise, it is automatically included in your policy.
- Preserve all evidence from the accident scene, including photos, witness contact information, and the police report.
- Seek immediate medical attention and document all injuries and treatment related to the accident.
- Notify your own insurance company in writing that you intend to file an underinsured motorist claim.
- Obtain a settlement or judgment against the at-fault driver for the full amount of their liability policy limits.
- File your UIM claim with your insurer, providing all documentation of the underlying settlement or judgment.
- If the insurer denies or undervalues your claim, file a lawsuit in DC Superior Court Civil Division within the 3-year statute of limitations.
In Washington, D.C., an underinsured motorist claim involves recovering damages from your own policy when the at-fault driver’s insurance is insufficient to cover your losses.
| Issue | Classification | Recovery Limit | Filing Fee | Insurance Impact | Additional Considerations |
|---|---|---|---|---|---|
| Underinsured Motorist Claim | Civil claim under D.C. Code § 31-2406 | Up to your UIM policy limits | Varies by claim amount (Small Claims up to $10,000) | May affect future premiums; insurer may non-renew | Contributory negligence bars recovery if 1% at fault; 3-year statute of limitations |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm brings over 120 years of combined legal experience to every case, with 4,739+ total case results and a 93%+ favorable outcome rate firm-wide. Our tagline is “Advocacy Without Borders.” In Washington, D.C., we have 1 documented case result across all practice areas with a 100% favorable outcome rate. Our attorneys understand the strict contributory negligence standard in DC and how to build a case that avoids any argument of comparative fault.
In Washington, D.C., Law Offices Of SRIS, P.C. has 1 total documented case result across all practice areas with a 100% favorable outcome rate. This includes a dismissed sex abuse misdemeanor case in DC Superior Court. Firm-wide, we have 4,739+ case results with a 93%+ favorable outcome rate across VA, MD, NJ, NY, and DC.
Results may vary. Prior results do not guarantee a similar outcome.
Our Arlington location is approximately 3 miles from DC Superior Court, accessible via I-395, I-66, and Constitution Avenue. If you are searching for an underinsured motorist claim lawyer near Capitol Hill, we serve all neighborhoods including Georgetown, Capitol Hill, Dupont Circle, Adams Morgan, Columbia Heights, U Street, Logan Circle, Foggy Bottom, Navy Yard, Petworth, Brookland, Anacostia, Southwest Waterfront, Woodley Park, Cleveland Park, Spring Valley, Forest Hills, Chevy Chase DC, American University Park, Wesley Heights, Bloomingdale, Tenleytown, Friendship Heights, Glover Park, Mount Pleasant, Shaw, Chinatown/Penn Quarter, NoMa, Ivy City, Eckington, Deanwood, Hillcrest, Congress Heights, Barracks Row, and Eastern Market.
Law Offices Of SRIS, P.C. — Arlington
1655 Fort Myer Dr, Suite 700, Room No. 719, Arlington, VA 22209
Toll-Free: (888) 437-7747 | Local: 703-589-9250
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Q: What is the statute of limitations for an underinsured motorist claim in DC?
3 years under D.C. Code § 12-301. Wrongful death claims have a 2-year statute of limitations under D.C. Code § 16-2701. Filing after the deadline bars your claim entirely.
Q: Does DC require underinsured motorist coverage?
Yes. D.C. Code § 31-2406 requires all auto insurers to offer UIM coverage. You must specifically reject it in writing; otherwise, it is automatically included in your policy.
Q: How does contributory negligence affect my UIM claim in DC?
It depends. DC follows contributory negligence — if you are even 1% at fault for the accident, you are completely barred from recovering any compensation, including UIM benefits.
Q: Can I file a UIM claim if the at-fault driver has insurance but not enough?
Yes. You must first exhaust the at-fault driver’s liability policy limits through a settlement or judgment. Then your UIM coverage steps in to cover remaining damages up to your policy limits.
Q: What damages can I recover through a UIM claim in DC?
You can recover medical expenses, lost wages, pain and suffering, property damage, and other out-of-pocket costs — up to the limits of your UIM policy. Punitive damages may also be available for egregious conduct.
Last verified: April 2026. Information current as of this date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
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