Delaware · Comparative fault · Updated Oct 2026

Comparative fault in Delaware: who pays when both drivers share the blame

How modified comparative fault with a 51% bar works in Delaware, the law behind it and how insurers apply it.

Short answer

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).

Rule
Modified (51% bar)
You recover nothing at
51% of the fault 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.
Insurance system
Fault (tort)

Insurance and small claims in Delaware

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.

Small claims limit for car damage in Delaware: $25,000 in the Justice of the Peace Court (no personal injury claims there). Delaware small claims guide on Small Claims Map

How fast an insurer must handle a claim in Delaware

  • 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)).

If the insurer says you were partly at fault

  1. Get the police report. 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. Reporting a crash in Delaware and getting the police report
  2. Ask the insurer in writing what share of the fault it gave you and why, and send your photos, witness names and estimates.
  3. If the insurer blames you without a good reason, complain to Delaware Department of Insurance, Consumer Services Division.
  4. Sue before the deadline: 2 years for both property damage and injury.

Who pays in Delaware: fault and payout explainer

Modified comparative fault (51% bar)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).

Free help in Delaware

Questions about comparative fault in Delaware

Is Delaware a comparative negligence state?

Yes, modified comparative negligence with a 51% bar. 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.

Where can I complain if an insurer blames me unfairly in Delaware?

Delaware Department of Insurance, Consumer Services Division: https://insurance.delaware.gov/services/filecomplaint/ · 1-800-282-8611 (in Delaware) or (302) 674-7310

How fast must an insurer handle a car insurance claim in Delaware?

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)).

How do I get 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/

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Sources

Last checked: Oct 24, 2026.