Car accidents in Delaware: what to do and who pays

At the scene and reporting a crash in Delaware

Always stop and help anyone who is hurt. Leaving the scene of a crash is a crime in every state.

When to call the police

Report the crash right away to the police agency for that location if anyone is hurt or killed, if the crash is on a public road and damage looks like $2,000 or more, or if a driver seems impaired by alcohol or drugs. You may also report smaller crashes.

Damage amount

$2,000

Report to the state

No separate driver report to the DMV. Police complete the State of Delaware Uniform Traffic Collision Report for reportable crashes.

Law

21 Del. C. § 4203

Official text

Read the official text

First 24 hours after a crash in Delaware

Tick the boxes as you go, or print the list and keep it in your glove box.

Insurance system in Delaware

Delaware is a fault (tort) state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage.

System

Fault (tort)

PIP, benefits and when you can sue

Fault-based, but every policy must include personal injury protection (PIP) of at least $15,000 per person / $30,000 per crash. PIP pays your medical bills and lost earnings first, no matter who caused the crash. It does not stop you from suing the at-fault driver, but you can't claim in that lawsuit the costs PIP covers (21 Del. C. § 2118(a)(2), (h)).

Law

21 Del. C. § 2118

Official text

Read the official text

Compare every state in the no-fault states table.

Who pays: comparative fault in Delaware

Rule

Modified (51% bar)

What it means

In Delaware, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).

Law

10 Del. C. § 8132: you can recover if your negligence is not greater than the defendants' combined negligence; your damages are cut by your share.

Compare every state's rule in the comparative negligence table.

Who pays in Delaware: fault and payout explainer

If both drivers share the blame, your state's comparative-fault rule decides whether you can recover and how much. Enter your share of the fault and your total damages to see what the rule means. This is an illustration, not a prediction: insurers, juries and judges decide the percentages.

Minimum insurance in Delaware

Liability minimum

25/50/10

Uninsured / underinsured motorist (UM/UIM)

Insurers must include uninsured/hit-and-run coverage for injuries and property damage, at least equal to the minimum liability limits, unless you reject it in writing (18 Del. C. § 3902(a)). The property damage part has a $250 deductible unless you and the insurer agree in writing on another, and it includes loss of use of your vehicle. PIP of 15/30 is also required.

Official text

Read the official text

Numbers like 25/50/25 mean $25,000 for injury to one person, $50,000 for all injuries in one crash and $25,000 for property damage. Compare every state in the minimum insurance table.

Getting the police report in Delaware

For crashes handled by the Delaware State Police, request the report by mail from Delaware State Police, Traffic Operations Section, P.O. Box 430, Dover. Fee: $25 (fatal crash $60), check or money order to Delaware State Police; include your collision information exchange form. No walk-ins. Questions: (302) 739-5931. For crashes handled by a city police department, ask that department. https://dsp.delaware.gov/traffic-unit/

No confirmed online way to order a report in Delaware? Ask by mail with our free police report request letter.

Filing a claim and insurer deadlines in Delaware

How fast insurers must act

For PIP claims, the insurer must send you a claim form within 10 days of your written request and pay (or explain a denial in writing) within 30 days after it gets your request and documents; late payments earn added interest (21 Del. C. § 2118B). Delaware's unfair claim practices law requires insurers to acknowledge and act reasonably promptly on claims (18 Del. C. § 2304(16)).

Put your claim in writing. Our free insurance claim letter lists your damages and asks for a written answer.

If the other driver has no insurance in Delaware

Use your own uninsured motorist coverage (unless you rejected it in writing) and your PIP. Driving without insurance carries a fine of $1,500 to $2,000 and a 6-month license suspension for a first offense (21 Del. C. § 2118(s)).

Read what to do if you are hit by an uninsured driver.

Deadlines to sue in Delaware

Property damage (your car)

2 years

Injury

2 years

Notes, including claims against a government

Delaware's Justice of the Peace Court does not hear personal injury claims.

Law

10 Del. C. § 8107 (injury to personal property), § 8119 (personal injuries)

The deadline is the statute of limitations. Insurance claims and talks with an adjuster don't stop it. Compare every state in the deadlines table.

Deadline to sue in Delaware

Every state limits how long you have to file a lawsuit after a car crash. This is the statute of limitations. Choose your state, the type of claim and the date of the crash to see the usual deadline and the last day to file. Nothing you type here is sent anywhere.

Small claims for property damage in Delaware

Small claims limit

$25,000 in the Justice of the Peace Court (no personal injury claims there).

Delaware small claims guide on Small Claims Map

Small claims court can be a way to recover the cost of repairs from the driver who caused the crash. Read how to use small claims for car damage.

Insurance complaints in Delaware

If an insurer delays, underpays or denies a claim without a good reason, you can file a complaint with the state insurance regulator:

• Delaware Department of Insurance, Consumer Services Division · 1-800-282-8611 (in Delaware) or (302) 674-7310

Free help in Delaware

• Delaware Department of Insurance: auto arbitration
• Delaware Courts: How to start a civil action in the JP Court

Good to know in Delaware

• You can ask the Insurance Commissioner for arbitration of PIP claims and of vehicle damage claims, including loss of use (21 Del. C. § 2118(j)); the Department charges a $50 filing fee for auto arbitration and offers it after informal attempts fail.
• PIP must also cover pedestrians hit in Delaware (21 Del. C. § 2118(a)(2)e).

Free letters

Questions about car accidents in Delaware

Other states