Car Accident Laws in Delaware
From busy roads in Wilmington to coastal routes near Rehoboth Beach, car accidents in Delaware can happen at any time. If you’re involved in a crash, knowing your legal rights is essential. Delaware has its own set of laws regarding insurance, fault, and personal injury claims. This guide explains the most important car accident laws in Delaware so you can make informed decisions after a crash.
Delaware Is a No-Fault State
Delaware follows a no-fault insurance system for car accidents. This means your own insurance company will pay for your medical expenses and lost wages, regardless of who caused the crash. This coverage is known as Personal Injury Protection (PIP). In most cases, you must use your PIP benefits first before you can file a claim against the at-fault driver.
However, you can step outside the no-fault system and sue the at-fault driver if:
- You suffer serious or permanent injuries
- Your medical expenses exceed your PIP coverage
Comparative Negligence Rule
Delaware uses a modified comparative negligence system with a 50% bar. You can recover compensation as long as you are less than 50% at fault. If you are 50% or more responsible for the accident, you cannot receive any compensation.
Your compensation will be reduced by your percentage of fault. For instance, if you’re 20% at fault and your damages total $10,000, you would receive $8,000.
Required Auto Insurance Coverage in Delaware
Delaware drivers must carry the following minimum insurance coverage:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $10,000 for property damage
- $15,000 in Personal Injury Protection (PIP) per person
- $30,000 PIP per accident
Uninsured/underinsured motorist coverage is optional but highly recommended for added protection.
Statute of Limitations
In Delaware, the statute of limitations for filing a personal injury lawsuit from a car accident is two years from the date of the crash. For property damage claims, you have three years. It’s important to act quickly so you don’t lose your right to file.
When to Report a Car Accident
Delaware law requires you to report an accident to police if:
- Anyone is injured or killed
- There is property damage of $500 or more
- A vehicle cannot be moved
Police officers usually complete reports at the scene. If they don’t, you may need to file a report yourself with the Delaware Division of Motor Vehicles (DMV).
What If the Other Driver Has No Insurance?
If the at-fault driver is uninsured, you can use your uninsured motorist (UM) coverage if you have it. This helps cover medical bills, lost wages, and other damages. If you don’t have UM coverage, your options may be limited to filing a lawsuit and hoping the driver has assets to pay a judgment.
What Compensation Can I Recover?
In Delaware, you may be able to recover both economic and non-economic damages, such as:
- Medical expenses
- Lost income and future wages
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Punitive damages may be available if the at-fault driver acted with willful misconduct or gross negligence.
Can Passengers File Claims?
Yes. Passengers injured in a car accident in Delaware can file claims for compensation. They can use their own PIP coverage or the PIP coverage of the vehicle they were in. They can also file a liability claim against any driver found to be at fault for the crash.
Should You Hire a Car Accident Lawyer in Delaware?
If your injuries are serious or your claim is being denied, speaking with a car accident attorney is a smart decision. An experienced lawyer can help gather evidence, deal with the insurance company, and make sure your rights are protected every step of the way. Many offer free consultations and only charge if they win your case.