Delaware Car Accident Report Basics

Car accidents are an unfortunate reality of life. The immediate aftermath of an accident is often chaotic, and some of the people involved may have suffered a bodily injury. It's not the best time to try to figure out what to do next. Understanding ahead of time what you'll need to do with things like accident reports can make things much easier.

If you’ve been involved in an auto accident in Delaware, knowing what actions to take next can make a huge difference as you move forward. It's a good idea to understand your legal obligations, such as when you must report the accident to a local police department.

In this article, we'll discuss Delaware car accident laws. Then, we’ll touch on what a car crash report is and what you need to file it. We'll also examine what to do after the accident, how to handle auto insurance claims and insurance companies, and who is responsible for medical expenses.

Read on to learn more about how to file a car crash report in Delaware.

A Glance at Delaware Car Accident Laws

Delaware state law sets forth certain circumstances in which motorists involved in an accident are obligated to report it. In addition to stopping after an accident and exchanging information, you’re required to report an accident if it causes injury or death, property damage exceeds $2000, or any driver appears to be under the influence of drugs and/or alcohol.

Delaware law also obligates car mechanics and auto body shops to make a report when it’s clear that some sort of incident has occurred with a car brought in for repairs. A repair shop or garage that sees evidence of a car struck by a bullet or a serious collision must report the vehicle to a sheriff's office or police station. It must be reported within 24 hours of seeing the car.

No vehicle in Delaware will be registered without proof of liability and personal injury protection (PIP) insurance. Those who drive without proper insurance coverage risk fines and suspension on their driver's license. You must be able to produce proof of insurance coverage when requested.

Car insurance policies are used to cover personal injury and property damage claims. Delaware is a comparative negligence state. This means that awards for damages may be reduced by the percentage of fault each driver is determined to be responsible for.

What To Do After an Accident

Things can become a blur after an accident. It's a shocking and traumatic event for most people. Such a rare and violent occurrence can leave you dazed and shaken up. As difficult a time as it may be, it's important for you to follow the laws of Delaware regarding car accidents.

The first concern should be for everyone's safety, including yourself. Offer aid to the injured, but don't try to move anyone. When calling the police to report the accident, let them know if an ambulance is also needed.

Don't move your vehicles until the police arrive and tell you to do so. Take pictures of the damage on all cars and of the scene of the accident. Exchange information such as name, phone number, driver's license number, insurance company name, and insurance policy with the other involved drivers. Get the contact info of any witnesses.

No matter what, don't leave the scene of the accident. Fleeing the incident will be viewed as a hit-and-run accident. It will result in fines and license suspension. If any of the others involved were injured or killed, you'll face criminal charges and incarceration for leaving the scene.

When the police arrive, answer their questions to help them fill out the accident report. Even if you were to blame, try not to admit fault until you've had a chance to speak with an auto accident attorney.

Alert your insurance company as soon as possible. Even if it wasn't your fault, you'll still need a file a claim with your carrier. If you were injured in the accident, seek medical attention. Keep copies of all medical treatments. Your insurance company will require these at some point.

Delaware Auto Accident Police Reports

You'll need to get a copy of the police report from your auto accident. The document will be part of the process used by the insurance companies to determine negligence. It will also help determine who gets what, according to Delaware laws.

You can request a copy of the report from the jurisdiction of the law enforcement officers who responded to the accident. In most cases, this will be the local or county police where the accident took place. Information for requesting accident reports involving the Delaware State Police can be found on their website.

The accident report will be filled out by the responding officer(s). It will include:

• Data from all involved drivers, including licenses, addresses, insurance information, and contact information
• Positions of the vehicles after the crash and the visible damage
• Statements and contracts from any witnesses
• Statements from all drivers
• Diagrams showing the type of collision
• General information such as weather, time of day, road conditions, traffic signals, and more

While the officer can draw conclusions about what may have happened, unless they were present as a witness, the report should be focused on what they observed in the aftermath. You should be as truthful as possible when recounting your version of what happened, but it's best to avoid claiming fault.

Delaware Car Accident Law Summary

The following chart provides a recap of filing a car accident report in Delaware.

Note: State laws are subject to change through the passage of new legislation, 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.

Other Questions About Delaware Car Accident Reports

While your accident will be unique in several ways, there’s often common ground between car crashes. Below are answers to frequently asked questions that might come up.

My car is a mess after the accident. How does the insurance company evaluate the damage?

Your insurance company will assign a claims adjuster to your case. Claims adjusters are experts with accident claims. They'll survey the damage on your vehicle, examine the repair estimates from mechanics and body shops, and then compare that to the current value of the car.

If the damage is over a certain threshold, the insurance company will total the vehicle. Depending on the amount of fault, the involved insurance companies will negotiate a settlement and give you a check.

If the vehicle is deemed repairable, the settlement between the insurance companies will pay for your repairs, less your deductible. Some policies have provisions to provide you with a rental car while yours is being fixed.

My shoulder felt okay after the accident, but it's been getting more painful since then. Can I still file a personal injury lawsuit?

The amount of time you have to file a lawsuit is called a statute of limitations. In Delaware, the limit to filing a civil lawsuit for a personal injury is two years from the incident.

In certain instances, that deadline can be extended. For instance, if you couldn't have been aware of an injury until after the accident, it's possible to claim that date as the beginning of your issue. In an instance like this, consider consulting a personal injury attorney experienced with such claims.

Related Car Accident Resources

• Delaware State Police
• Delaware Driver Manual
• After a Car Accident: First Steps
• How Long Do You Have To Report a Car Accident?
• Car Accident Resources
• Tips for Reporting an Accident to Police

After Filing a Car Accident, Consider Professional Legal Help

If you're struggling with financial, physical, and emotional issues after a car accident, resources are available to you. Depending on your circumstances, it may be a good idea for you to speak with a car accident lawyer. They can help you recover for your pain and suffering and get you help with medical bills.

Having a skilled advocate in your corner can make all the difference. Consider speaking with a Delaware motor vehicle accident attorney for legal advice and guidance.