{"id":372373,"date":"2016-11-02T11:50:19","date_gmt":"2016-11-02T16:50:19","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/delaware-law\/delaware-car-accident-settlement-process-and-timeline.html"},"modified":"2025-07-24T13:23:12","modified_gmt":"2025-07-24T18:23:12","slug":"delaware-car-accident-settlement-process-and-timeline","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/delaware-law\/delaware-car-accident-settlement-process-and-timeline.html","title":{"rendered":"Delaware Car Accident Settlement Process and Timeline"},"content":{"rendered":"\n
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Delaware Car Accident Settlement Process and Timeline<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Most of us will be involved in a car accident at some point. Most of these auto accidents are minor, but not all. Some car crashes leave their victims in terrible shape, with serious injuries and severe property damage.<\/p>\r\n

In a perfect world, insurance companies would pay every legitimate claim that comes across their desks. However, insurance carriers are not in the business of rubber-stamping claims, as they’d go bankrupt if they did.<\/p>\r\n

Having the insurance carrier deny your claim<\/a> doesn’t have to be either the end of recovery or the end of the world. You can sue the other driver or file a bad faith claim against the insurance company.<\/p>\r\n

This article examines and explains how Delaware’s car accident settlement process works. It also discusses the factors that may impact the size of your auto accident settlement<\/a>.<\/p>\r\n

If you were recently hurt in a motor vehicle accident, consulting a Delaware personal injury lawyer<\/a> is a good move. We’ve also supplied other helpful FindLaw links at the bottom of this page.<\/p>\r\n

What To Do if an Insurance Company Denies Your Insurance Claim<\/b><\/h2>\r\n

Regardless of whether the insurance adjuster approves your claim, you still have to go through the insurance claim process. If the insurance company denies your claim, you can appeal it<\/a>.<\/p>\r\n

If the insurance carrier still refuses to pay your claim, you can file a personal injury lawsuit<\/a>. While most people don’t want to file a legal action, it may be the best way to recover fair compensation for your damages. There’s a good chance that your car accident lawyer will settle your car accident case long before trial.<\/p>\r\n

How Car Accident Settlements Work in Delaware<\/b><\/h2>\r\n

If an insurance company denies your car accident claim, you may have to file an auto accident lawsuit. Whether you do it yourself or hire a personal injury attorney<\/a>, once your lawsuit is filed, the other motorist’s insurance company will file a response.<\/p>\r\n

The other auto insurance company will challenge your claim in its response, arguing why it shouldn’t have to pay your claim. They may imply that you caused the car crash or that you are exaggerating your car accident injuries<\/a>.<\/p>\r\n

Once you file your lawsuit, your attorney will contact the car insurance company to begin settlement negotiations. The attorneys for both sides will dicker back and forth until they agree on a settlement amount<\/a>. The judge will schedule the car accident case for trial if they can’t agree on a fair settlement.<\/p>\r\n

Even if the judge sets a trial date, that doesn’t mean you’ll have to go to court. Under Delaware law, the parties to any personal injury lawsuit must attend compulsory alternative dispute resolution<\/a> (ADR), such as mediation, before they can proceed to trial.<\/p>\r\n

The courts encourage parties to settle their case rather than going to trial. Given the costs involved with going to court, a settlement is usually in everyone’s best interests.<\/p>\r\n

Advantages of Settling Your Personal Injury Case<\/b><\/h2>\r\n

Almost all personal injury cases involving car accident injuries settle long before trial. Even cases that make it to trial often settle on the courthouse steps. Attorneys who practice personal injury law<\/a> understand that settling is usually the best option for everyone involved.<\/p>\r\n

There are many advantages to settling your lawsuit<\/a>, including:<\/p>\r\n