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 and limits their ability to file lawsuits 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 yearsafter 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 and 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. While Delaware requires basic PIP coverage, drivers may purchase additional coverage for broader protection, which comes in handy for serious accidents with substantial medical expenses.

What does PIP cover?

PIP insurance in Delaware typically covers:

• Medical expenses. Hospital bills, doctor visits, physical therapy, and other accident-related medical costs.
• Lost wages. Compensation for time missed from work due to injuries.
• Funeral expenses. In cases of fatal accidents, PIP can cover certain funeral costs.
• Essential services. Reimbursement for tasks you can no longer perform, like household chores.

You can still sue for pain and suffering

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, you’re 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.

Filing a claim against an at-faut Delaware driver

Once your PIP coverage limits are reached, or if your injuries are severe, Delaware law allows accident victims to pursue compensation from the at-fault driver.

Victims may seek compensation from the at-fault driver’s insurance for:

• Pain and suffering. PIP does not cover non-economic damages, so if injuries are severe, the victim can file a claim for physical pain, emotional distress, and loss of enjoyment of life.
• Permanent disabilities. If the accident results in long-term or permanent injuries, victims may pursue additional compensation to cover their ongoing needs.
• Property damage. PIP only covers medical and wage loss expenses, so property damage claims (such as vehicle repairs) must be made through the at-fault driver’s liability insurance.

When can you file a lawsuit?

Delaware law permits accident victims to sue an at-fault driver in the following situations:

• PIP limits are exhausted. Once your PIP coverage is depleted, you can file a claim against the at-fault driver’s insurance for additional damages.
• Severe injuries. If you suffer serious injuries (such as significant disfigurement, broken bones, or permanent disabilities), you may be eligible to file a lawsuit for damages beyond PIP.
• Death of a loved one. In fatal accident cases, families of the deceased may file a wrongful death lawsuit against the at-fault driver.

Steps for pursuing a car accident claim in Delaware

Delaware’s insurance system can be complex, especially when injuries are severe and PIP limits are insufficient. We recommend taking the following steps after a car accident to protect your rights:

• Seek immediate medical attention. Prompt medical documentation is essential not only for your recovery but also for your claim. Insurance adjusters often look for any delay in seeking treatment as a reason to undervalue or deny claims.
• File a PIP claim with your insurance company. Notify your insurer of the accident as soon as possible and provide them with the necessary information to initiate your PIP claim.
• Document everything. Keep records of medical bills, lost wages, property damage, and any other expenses related to the accident. Documenting your injuries, symptoms, and recovery process can also help build a stronger case for pain and suffering claims.
• Consult a car accident attorney. Speaking to an attorney can help you determine if you have grounds to pursue a claim against the at-fault driver. An attorney can assist in proving the other driver’s liability, negotiating with insurers, and taking the case to court if necessary.
• File a lawsuit if necessary. If your injuries meet the criteria for a personal injury lawsuit, your attorney can guide you through the process of filing and litigating your claim to pursue fair compensation for your losses.

A car crash can leave you or a loved one with serious injuries, quickly placing 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 or complete our contact form.