Section 26-A504. RESTRICTION ON FILING A CIVIL ACTION TO RECOVER LOSSES

 

504.1A victim who elects to receive benefits under the optional personal injury protection coverage may maintain a civil action based on the liability of another person, only under the following circumstances:

 

(a)The injury sustained in the accident, for which the victim is claiming benefits, directly results in substantial permanent scarring or disfigurement;

 

(b)Substantial and medically demonstrable permanent impairment has significantly affected the ability of the victim to perform his or her professional activities or usual and customary daily activities;

 

(c)A medically demonstrable impairment prevents the victim from performing all or substantially all of the material acts and duties that constitute his or her usual and customary daily activities for more than one hundred and eighty (180) continuous days; or

 

(d)The medical and rehabilitation expenses of a victim or the work loss of a victim exceeds the amount of the personal injury protection coverage provided by the insurer.

 

504.2§504.1 shall not be construed so as to prevent the survivors of a victim whose death arises out of the maintenance or use of a motor vehicle, from maintaining a civil action based on the liability of another person for the economic and noneconomic loss resulting from the death of the victim, even though the victim may or may not have elected to receive benefits from personal injury protection coverage prior to the victim's death.

 

source

Final Rulemaking published at 35 DCR 7649 (October 21, 1988).