Delaware Car Accident Compensation Laws

The moments after a motor vehicle accident can be disorienting and confusing, with any number of questions swirling through your head. How do we figure out who was at fault? Who pays for my medical bills? What will my insurance company want from me? Knowing these answers can give you peace of mind at a turbulent moment.

In this article, we'll give you an idea of what you should expect after being in a car crash in Delaware. We'll cover the important laws, what you should try to do after an accident, and your legal responsibilities.

Motor Vehicle Accident Laws in Delaware

While many of Delaware's traffic laws and codes are like those of other states, some are unique. Knowing your responsibilities can help you avoid the mistakes that can haunt you long after the auto accident.

Before filing an insurance claim, understand how personal injury lawsuits work in Delaware.

What To Do After a Delaware Car Crash

With your heart thumping and blood pounding in your ears, it can be difficult to remember your responsibilities in the immediate aftermath of an auto accident. Take a long, deep breath while trying to calm yourself down.

Check on the Safety Of Others

The most important thing is the health and safety of all involved. After checking yourself for injury, check on the well-being of everyone involved in the accident. If necessary, offer first aid. If you call 911, be sure to let the operator know about the severity of any injuries.

Stay at the Scene

Even if the accident seemed minor, don't leave the accident scene without at least exchanging information with the other drivers. If you leave, you run the risk of facing hit-and-run charges. You must report the accident if any of the following conditions are met:

• It caused an injury
• It caused a death
• It caused property damage exceeding $2,000
• The driver was under the influence (drugs or alcohol)

It's a good idea to call 911 or a non-emergency number to have law enforcement show up.

Exchange Car Accident Injury Insurance

While waiting, exchange information with the other drivers. This should include:

• Name, address, birth date, and phone number of other drivers
• Driver's license numbers
• License plate numbers
• Vehicle identification numbers (VINs) from all cars involved
• Auto insurance company name and policy information

If anyone saw the accident, try to get their contact information and a witness statement. Take pictures of the scene from many angles.

Talk to the Police

When the police arrive, let them assess the situation and follow any requests they make, such as moving your vehicle. Be calm, collected, and truthful when giving your statement. There are a lot of factors in every accident, so don't claim fault even if you think you may have been responsible.

Call Your Insurance Company

If possible, you should alert your insurance company about the accident from the scene. The sooner they know, the sooner they can assign it a case file.

Get Your Accident Report

The responding officer will create a crash report by combining the statements taken with the objective data they see. Some of the information recorded will include:

• A diagram of the accident scene with points of impact and vehicle positions
• Time of day and lighting conditions
• Pertinent traffic signs and signals
• Weather conditions
• Type of roadway and condition of road
• Sobriety of drivers
• Skid marks

The crash report plays a large part in how insurance companies determine fault and damages. For more information on this important document, see FindLaw's Delaware Car Accident Report Basics article.

You'll need to get a copy for your insurance claim, especially if you plan to pursue a personal injury claim. You can get a copy at the police department in the municipality where the accident happened. For example, if you had an accident in Wilmington, you'd follow the instructions on the Wilmington Police Department website to get a copy.

If the Delaware State Police responded to your collision, you can access its website for information on how to get a copy.

If you suffered an injury in the accident, seek medical treatment. Keep copies of all your medical bills and medical expenses to present to your insurance company. If you start to feel overwhelmed, speak with a car accident lawyer.

Liability Insurance Coverage in Delaware

Driving in Delaware without a minimum amount of liability auto insurance coverage is illegal. These car insurance minimums are:

• $25,000 for bodily injury coverage per person
• $50,000 for bodily injury coverage per accident
• $10,000 for property damage per accident

Also, all Delaware drivers must carry personal injury protection (PIP) coverage of at least $15,000 for any person. PIP coverage should be a minimum of $30,000 for all persons injured in an accident. This will pay your medical expenses if you're hurt.

The above amounts are the minimums required by the state. You can choose to pay a higher premium to have more coverage. This is helpful when the at-fault party lacks insurance coverage for your expenses in a car accident case.

You can buy other forms of insurance, such as collision insurance and comprehensive insurance.

Determining Negligence and Fault in Delaware

If you think it's wrong that your insurance has to cover your medical bills when the accident wasn't your fault, the state of Delaware agrees with you.

Delaware is an at-fault state for auto accidents, which means the driver determined to be most responsible for causing the accident will pay for the damages of the others involved, usually through their insurance policy.

Delaware's modified comparative negligence policy determines how much you can get. You can't get damages if you're more than 50% liable for the accident. Otherwise, your award will get reduced by the percentage of fault you carry from the accident.

Let's say your damages total $20,000. The insurance companies agree that you were 20% at fault for the accident. This means you'd get a settlement of $16,000 on your car accident claim.

As for the medical expenses covered by your PIP policy, you could recover them by filing a claim. You can file claims with your insurance company or the other party's insurance company. Your insurance company can also file a subrogation claim against the at-fault driver's insurance company to recover what they laid out.

Read FindLaw's Delaware Car Accident Settlement Process and Timeline article for an in-depth, step-by-step examination of what will happen with your insurance claim.

Delaware Car Accident Compensation Law Summary

The table below offers a recap of Delaware's car accident compensation laws, along with other important information.

Note: State laws are subject to change through the passage of new legislation, and rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

More Information About Delaware Car Accident Laws

There's no accident that's quite like yours, but it may share some aspects with others. Below, find answers that may be helpful to you in your particular situation.

My friend borrowed my car and hit a vehicle parked on the side of the road with nobody in it. He said the other car had no damage, but the front of mine needed repairs. Am I in trouble?

You could be. Your friend broke Delaware law. You can't leave an accident scene without leaving your contact information.

Also, repair shops must alert the authorities whenever a car comes in with serious damage or bullet holes. At the very least, your friend needs to go to the police immediately, but you might want to speak with a criminal defense attorney and learn the best way to handle the situation.

I was the victim of a hit-and-run accident, but the police caught the driver later. My car got totaled, and I suffered injuries. Is there any limit to how much I can sue for?

There's no cap on damages in Delaware, so there's no legal limit to what you can ask for. You'll need to show bills for medical expenses and property damages, but you can also sue for non-economic recovery.

You are still subject to Delaware's modified comparative negligence laws, so expect a reduced total if you were at all at fault.

I didn't realize how much damage was done to my ankle at the time of the accident. Do I have time to file a suit?

The time you have to file a civil suit is a statute of limitations. In Delaware, you have two years to file a lawsuit.

Injured in a Delaware Car Accident? An Attorney Can Help

Speak to an experienced Delaware car accident attorney about your Delaware car accident. They can help you calculate damages and plan your car accident lawsuit.