Delaware · Uninsured driver · Updated Oct 2026

Hit by an uninsured driver in Delaware: coverage, penalties and what to do

Your coverage, the penalties and how to claim your losses.

Short answer

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)). 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)).

Uninsured motorist (UM) coverage
Included unless you reject it
Minimum liability
25/50/10
Insurance system
Fault (tort)

Uninsured motorist coverage in Delaware

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.
Liability minimum
25/50/10
Official text
Read the official text

Compare every state in the minimum insurance table.

Penalties for driving uninsured 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)).

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)).

Claiming from the uninsured driver in Delaware

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

Step by step if an uninsured driver hits you in Delaware

  1. Report the crash to 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. Reporting a crash in Delaware and getting the police report
  2. Write down the other car's plate and get witness names.
  3. Claim under your uninsured motorist coverage; in Delaware it is included unless you reject it.
  4. If your coverage doesn't pay everything, sue the driver before the deadline: 2 years for both property damage and injury.

Free help in Delaware

Questions about uninsured drivers in Delaware

Is uninsured motorist coverage required in Delaware?

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.

What happens if you drive without 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)).

What can I do if an uninsured driver hits me 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)).

What is the minimum car insurance in Delaware?

25/50/10

How long do I have to sue an uninsured driver in Delaware?

2 years for property damage and 2 years for injury.

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)).

More for Delaware drivers

Nearby states

Sources

Last checked: Oct 24, 2026.