Is Delaware a No Fault State for Car Accidents?

The Delaware car accident attorneys at Silverman, McDonald & Friedman serve injury victims from our offices in Wilmington, Seaford, and Newark. Contact us for the strong advocacy you need after sustaining an injury in a car crash due to another party’s negligence.

Auto insurance that requires drivers to carry insurance for their own protection that also limits their ability to file lawsuit against other potentially at-fault drivers for damages is referred to as “no-fault insurance.” Under a no-fault system, your auto insurer may pay the cost of your damages in a car accident up to your policy limits regardless of who is designated at-fault. Any other drivers involved in the accident fall under the coverage of their own auto insurance policies.

Personal Injury Protection

No-fault insurance is referred to as Personal Injury Protection, or PIP, in the State of Delaware. This insurance coverage pays the costs of your lost wages and/or medical bills:

• For up to two years after a car accident
• Up to the PIP policy limits (most often $15,000), or
• Until your auto insurance company sends you to a physician of their choice then says no further medical treatment is required or you can now return to work; whichever occurs first

Some insurance companies in Delaware sell PIP policy deductibles anywhere from $100-$15,000.

You can still sue for pain and suffering

Some states permit lawsuits if total costs reach a certain dollar value, while others allow injured persons to sue for severe injuries.

In Delaware, having “no-fault” coverage does not preclude or limit an injury victim from filing a personal injury lawsuit for injuries sustained in a car crash. Furthermore, if your residency is in a state that does limit or preclude lawsuits, such as in New Jersey or Pennsylvania, those limitations do not apply to you if your motor vehicle collision occurred within the State of Delaware and you are making a claim in Delaware for your injuries.

In Delaware, insurance companies are required to write policies that provide minimum insurance limits of $15,000/$30,000. Additional PIP coverage is offered by Delaware insurers with coverage limits as high as $100,000/$300,000.

As an individual covered by an auto insurance policy in Delaware, your restricted from filing a lawsuit against any negligent party for damages involving reimbursement of lost wages or medical bills that were either paid by or eligible to be paid by your policy’s PIP coverage.

A car crash can leave you or a loved one with serious injuries that quickly place you under significant financial obligations that insurance carriers are obligated to cover under the law. The Delaware car accident attorneys at Silverman, McDonald & Friedman work vigorously to ensure our injured clients are properly compensated for the injuries they have suffered. We serve Seaford, Wilmington, Newark, and other areas throughout Delaware with trusted representation. To schedule a free evaluation and consultation about your case, call us today at 302-888-2900 or complete our contact form.