Uninsured/Underinsured Motorist Complaint

UNINSURED/UNDERINSURED MOTORIST COMPLAINT

District of Columbia Superior Court

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Insurance Policy Information
5. Coverage Type — UM vs. UIM
6. Facts of the Accident
7. Uninsured/Underinsured Status of At-Fault Driver
8. Exhaustion of Liability Coverage
9. Breach of Contract
10. Bad Faith (If Applicable)
11. Damages
12. Stacking Allegations
13. Arbitration vs. Litigation
14. Prayer for Relief
15. Verification
16. District of Columbia Practice Notes

1. CAPTION

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
CIVIL DIVISION

2. PARTIES

2.1 Plaintiff

1. Plaintiff, [PLAINTIFF FULL LEGAL NAME], is an individual who at all relevant times resided at [________________________________], Washington, DC [__________].

2. Plaintiff was, at the time of the incident described herein, an insured under a motor vehicle insurance policy issued by Defendant.

2.2 Defendant — Insurance Company

3. Defendant, [INSURANCE COMPANY FULL LEGAL NAME], is an insurance company organized under the laws of [________________________________], authorized to conduct business and issue motor vehicle insurance policies in the District of Columbia, with its principal place of business at [________________________________].

3. JURISDICTION AND VENUE

4. This Court has jurisdiction over this action pursuant to D.C. Code § 11-921, as the amount in controversy exceeds the jurisdictional minimum.

5. Venue is proper in this Court because the insurance policy was issued and delivered in the District of Columbia and/or the accident giving rise to this claim occurred within the District of Columbia.

4. INSURANCE POLICY INFORMATION

6. At all relevant times, Plaintiff was insured under a motor vehicle insurance policy issued by Defendant, Policy No. [________________________________], with an effective period from [__/__/____] to [__/__/____].

7. The policy provided the following relevant coverages:

☐ Uninsured Motorist Bodily Injury: $[________] per person / $[________] per accident
☐ Uninsured Motorist Property Damage: $[________] per accident (subject to $200 deductible per D.C. Code § 31-2406(f)(1))
☐ Underinsured Motorist Coverage: $[________] per person / $[________] per accident
☐ Personal Injury Protection (PIP): $[________]

8. Plaintiff paid all required premiums and complied with all conditions of the policy.

5. COVERAGE TYPE — UM vs. UIM

9. This claim is brought under (select applicable):

☐ Uninsured Motorist (UM) Coverage — The at-fault driver maintained no applicable bodily injury liability insurance at the time of the accident.

☐ Underinsured Motorist (UIM) Coverage — The at-fault driver maintained bodily injury liability insurance in an amount insufficient to compensate Plaintiff for the full extent of damages sustained.

☐ Uninsured Motorist (UM) Coverage — Hit-and-Run — The at-fault vehicle left the scene and cannot be identified, qualifying as an "uninsured motor vehicle" under D.C. Code § 31-2406(f)(2).

6. FACTS OF THE ACCIDENT

10. On or about [__/__/____], at approximately [____] ☐ a.m. ☐ p.m., Plaintiff was operating/occupying a motor vehicle at or near [________________________________], Washington, DC.

11. At said time and place, a motor vehicle operated by [AT-FAULT DRIVER NAME, if known] (hereinafter "Tortfeasor") struck Plaintiff's vehicle.

12. The collision occurred under the following circumstances: [________________________________]
    [________________________________]
    [________________________________]

13. The Tortfeasor was negligent in one or more of the following respects:

☐ Failing to maintain a proper lookout
☐ Failing to yield the right-of-way
☐ Operating a vehicle at an excessive speed
☐ Following too closely
☐ Operating a vehicle while impaired
☐ Violating applicable traffic laws, specifically: [________________________________]
☐ Other: [________________________________]

14. As a direct and proximate result of the Tortfeasor's negligence, Plaintiff sustained serious bodily injuries and damages.

7. UNINSURED/UNDERINSURED STATUS OF AT-FAULT DRIVER

15. The Tortfeasor's vehicle qualifies as an uninsured/underinsured motor vehicle because (select applicable):

☐ No bodily injury liability insurance was in effect at the time of the accident
☐ The applicable insurer has denied coverage
☐ The applicable insurer is insolvent
☐ The vehicle is a hit-and-run vehicle whose owner/operator cannot be identified
☐ The liability coverage limits ($[________]) are insufficient to compensate Plaintiff's damages

16. [If UIM:] The Tortfeasor carried bodily injury liability insurance through [________________________________] with limits of $[________] per person / $[________] per accident, which are insufficient to compensate Plaintiff for the damages sustained.

8. EXHAUSTION OF LIABILITY COVERAGE (UIM Claims)

17. [If applicable:] Plaintiff has exhausted the Tortfeasor's bodily injury liability coverage by receiving payment of $[________], representing the full policy limits available.

18. Despite such payment, Plaintiff's damages exceed the Tortfeasor's liability coverage limits, entitling Plaintiff to UIM benefits under the policy.

9. COUNT I — BREACH OF CONTRACT

19. Plaintiff re-alleges and incorporates all preceding paragraphs as though fully set forth herein.

20. The insurance policy between Plaintiff and Defendant constitutes a binding contract.

21. Plaintiff has performed all conditions required under the policy, including timely notice of the claim, cooperation with the investigation, and payment of all premiums.

22. Defendant has breached the insurance contract by failing and refusing to pay UM/UIM benefits to which Plaintiff is entitled under the policy and D.C. Code § 31-2406.

23. As a direct and proximate result of Defendant's breach, Plaintiff has suffered damages in an amount to be proven at trial.

10. COUNT II — BAD FAITH (If Applicable)

24. Plaintiff re-alleges and incorporates all preceding paragraphs as though fully set forth herein.

25. Defendant's refusal to pay UM/UIM benefits was unreasonable, without proper cause, and constituted bad faith, including but not limited to:

☐ Failing to conduct a reasonable investigation
☐ Unreasonably delaying payment of benefits
☐ Denying the claim without a reasonable basis
☐ Failing to provide a timely and adequate explanation of denial
☐ Other: [________________________________]

11. DAMAGES

26. As a direct and proximate result of the accident and Defendant's failure to pay benefits, Plaintiff has suffered the following damages:

☐ Past medical expenses: $[________]
☐ Future medical expenses: $[________]
☐ Past lost wages/income: $[________]
☐ Future lost earning capacity: $[________]
☐ Pain and suffering: $[________]
☐ Mental anguish and emotional distress: $[________]
☐ Property damage (subject to $200 deductible): $[________]
☐ Loss of consortium (if applicable): $[________]
☐ Punitive damages (bad faith claim only): $[________]
☐ Attorney fees and costs: $[________]

12. STACKING ALLEGATIONS

27. ☐ Plaintiff asserts the right to stack UM/UIM coverages across multiple vehicles and/or policies.

28. ☐ Plaintiff acknowledges that D.C. Code § 31-2406(f)(4) permits anti-stacking provisions, but contends that the policy at issue does not contain a valid anti-stacking clause.

13. ARBITRATION VS. LITIGATION

29. ☐ The policy does not contain a mandatory arbitration clause, and Plaintiff elects to pursue this claim through litigation.

30. ☐ The policy contains an arbitration clause, but Plaintiff contends it is unenforceable because: [________________________________]

31. ☐ Plaintiff has previously submitted this claim to arbitration. The arbitration resulted in [________________________________], and Plaintiff now seeks judicial review/enforcement.

14. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in Plaintiff's favor and against Defendant as follows:

a. Compensatory damages in an amount to be determined at trial, but not less than $[________];

b. UM/UIM policy benefits in the full amount owed under the policy;

c. Pre-judgment and post-judgment interest as permitted by law;

d. Punitive damages for bad faith conduct (if applicable);

e. Reasonable attorney fees and costs of suit;

f. Such other and further relief as this Court deems just and proper.

15. VERIFICATION

I, [PLAINTIFF FULL LEGAL NAME], declare under penalty of perjury under the laws of the District of Columbia that the foregoing is true and correct to the best of my knowledge, information, and belief.

Date: [__/__/____]

Signature: [________________________________]

RESPECTFULLY SUBMITTED,

[________________________________]
Attorney for Plaintiff
[________________________________]
[________________________________]
Washington, DC [__________]
Telephone: [________________________________]
Email: [________________________________]
D.C. Bar No.: [________________________________]

16. DISTRICT OF COLUMBIA PRACTICE NOTES

Statutory Framework:

• D.C. Code § 31-2406(f) mandates UM coverage for all motor vehicle policies in D.C.
• UIM coverage is optional but must be offered by insurers under § 31-2406(c-1).
• Minimum UM limits: $25,000/$50,000 BI; $5,000 PD (with $200 deductible).
• Optional higher UM limits: up to $100,000/$300,000 BI; $25,000 PD.

Anti-Stacking:

• D.C. Code § 31-2406(f)(4) expressly permits anti-stacking clauses in policies.

Statute of Limitations:

• The general statute of limitations for personal injury in D.C. is three (3) years (D.C. Code § 12-301(8)).
• Contract claims carry a three (3) year limitation (D.C. Code § 12-301(7)).

No-Fault / PIP Interaction:

• D.C. is a no-fault jurisdiction. PIP benefits must be exhausted or coordinated with UM/UIM claims as applicable under D.C. Code § 31-2404.

Hit-and-Run Claims:

• Physical contact with the unidentified vehicle is generally required unless the claimant can provide corroborating evidence.

Filing Location:

• D.C. Superior Court, Civil Division, for claims exceeding $10,000.
• Small Claims Branch for claims up to $10,000.

SOURCES AND REFERENCES

• D.C. Code § 31-2406 — Availability of Required and Optional Insurance and Benefits
• D.C. Code § 31-2404 — Personal Injury Protection
• D.C. Code § 31-2402 — Definitions
• D.C. Code § 12-301 — Limitations of Actions