See what to do to protect your rights and build a strong injury claim after a Delaware car accident.
A traffic accident happens every 23 minutes on Delaware roadways, with 22 people injured or killed each day.¹
While Delaware is a no-fault auto insurance state, you can still file a lawsuit seeking compensation from the at-fault driver. Here’s what you need to know if you’re involved in a collision.
What to Do After a Delaware Car Accident
Drivers who violate Delaware car accident laws risk fines, traffic citations, and possible jail time, depending on the violation. Here are five steps you can take after a crash to protect your interests.
1. Stay At the Scene and Exchange Information
Delaware drivers are required to stop at the scene of an accident and determine if anyone was injured or killed. Drivers must provide their name, address, and vehicle registration number, and show their driver’s license to the occupants of the other vehicle upon request.
Try not to block traffic more than necessary. Vehicles involved in a fatal accident should not be moved until after the police investigation.
2. Call 911 and Help the Injured
In Delaware, drivers are required to report any accident to the police that involves an injury, death, or property damage over $2,000 by the quickest means available. Calling 911 and waiting for police to arrive satisfies your legal obligation to report the crash.
Delaware requires drivers to render reasonable aid to anyone injured in the accident, including arranging transportation for the injured person to a medical facility. When you call 911 to report the accident, tell the dispatcher if anyone appears to be injured or is asking for medical help.
3. Seek Prompt Medical Treatment
Protect yourself with prompt medical care after any kind of motor vehicle accident. Never refuse care at the scene, or delay a medical evaluation of your injuries. Injury symptoms can be masked by shock or the adrenaline surge triggered by sudden impact.
Delaying medical attention after a crash not only risks your health, it also gives the insurance company an excuse to deny or minimize your claim. Even your own insurance company might question whether your injuries are related to the crash.
Let paramedics examine you at the scene. If they want to take you to the hospital, go with them. If you aren’t taken directly to the hospital by ambulance, seek medical attention on your own, preferably on the same day as the crash.
Tell the medical provider about every injury and symptom you’ve had since the crash. You need a record linking your injuries to the accident. Detailed medical records are critical evidence when filing an injury claim or lawsuit.
4. Gather Evidence From the Scene
Delaware is a no-fault state, meaning you’ll first use your own Personal Injury Protection (PIP) coverage for your medical expenses and lost wages, no matter who caused the accident. You also have the right to pursue the at-fault driver for injury compensation.
If you file a liability claim or lawsuit, the burden is on you to prove the other driver caused the accident. You’ll need evidence to show that the other driver did something wrong or failed to do what a reasonable person would do to prevent the crash.
The police crash report is strong evidence of fault, especially if the other driver was ticketed for a traffic violation. Other types of evidence include:
- Photographs and video of the crash scene
- Names and contact information from witnesses
- Your personal notes about the accident
5. Notify Both Insurance Companies
Delaware is a no-fault auto insurance state that also allows liability claims against an an-fault third party (like the other driver) when you are seriously injured.
The Personal Injury Protection (PIP) coverage under your own policy is probably enough to cover the medical expenses and lost wages arising from minor to moderate injuries, no matter who caused the accident.
If the other driver caused the crash, you’ll still need to make a liability claim against their insurance company for your property damage claim.
If you hire an attorney, they will handle all communications with the insurance companies. If you decide to handle your own claim, it will be up to you to notify both insurance companies of the crash, no matter who was at fault.
Insurance adjusters want to settle claims as quickly and cheaply as possible. That goes for adjusters from your own insurance company, too. Watch what you say, and don’t hesitate to consult an attorney if things get complicated or you just don’t feel comfortable. Most injury attorneys offer a free consultation to accident victims.
Promptly Notify Your Own Insurance Company
Some policies have a short reporting window for filing a PIP claim. Not only that, but your auto policy is a binding contract that includes a “notification and cooperation” clause. The clause says you must promptly notify your insurance company of any accident.
In return, your insurance company also has legal obligations, like a duty to defend you against lawsuits brought by others involved in the accident. You risk losing valuable legal protections if you fail to promptly notify your insurer of an accident and cooperate with their investigation.
Delaware Fault and Liability Rules
Delaware is a no-fault auto insurance state. Unlike most no-fault states, it’s easier for car accident victims in Delaware to also pursue compensation from the at-fault driver and any other liable parties, such as the at-fault driver’s employer if they were on the job when the accident happened.
When you go after the at-fault parties for compensation, you must prove the other driver’s fault to the insurance company or a jury.
Sometimes car accident victims are forced to sue their own insurance company to make them pay uninsured or underinsured motorist benefits.
Delaware Shared Fault Rules
Delaware is a 51 percent modified comparative fault state, meaning you can seek compensation from the other party so long as you are not more to blame than they are. Your final compensation amount will be reduced by your percentage of fault.
Example of Modified Comparative Fault in Delaware
Robin was driving his sports car, headed to work on North Street in Milford on a weekday morning. He had agreed to pick up a co-worker on the way to the office.
Bob was also traveling on North Street, not far behind Robin’s vehicle. Bob was driving an SUV and talking on his cell phone, continuing an argument with his girlfriend that had started before he left his house.
Robin spotted the waiting coworker standing on the sidewalk. He slammed on his brakes and rolled down his window to get her attention when he was jolted forward by the impact of Bob’s vehicle rear-ending his car.
Both drivers were injured in the collision and Robin’s car was totaled. When settlement negotiations failed, Robin filed a lawsuit against Bob seeking $50,000 in damages.
At trial, the jury considered the police report and independent witness testimony. The jury found both drivers equally to blame. Robin was at fault for suddenly stopping in traffic, and Bob was at fault for following too closely.
Because of Delaware’s modified comparative fault rule, Robin was awarded $25,000, representing a 50 percent reduction to his claim value.
Delaware Car Accident Compensation
The average settlement for a moderate car accident claim in Delaware is $28,174, with average payouts ranging from $3,103 for minor injuries to $277,584 for severe injuries.
Injury settlements in Delaware can vary widely, depending on the circumstances of the crash and the severity of the victim’s injuries.
For example, look at these two rear-end accident cases with low and high payouts:
- In New Castle County, Kline v. Groce, N13-06-277, the plaintiff was awarded $292 for soft-tissue injuries. The plaintiff waited a long time to seek treatment after the accident.
- Also in New Castle County, Parker v. Parker, 04C-10-133 CLS, the plaintiff suffered multiple fractures to both legs and knees. The parties settled for $775,000.
Use our free Delaware Personal Injury Calculator to estimate a minor or moderate claim.
Factors that impact Delaware car accident compensation:
- Injury severity
- Shared fault
- Available insurance coverage
- Number of vehicles involved
- Number of injured victims
Commercial vehicles, like delivery trucks and tractor-trailers, carry higher levels of liability insurance than most personal vehicles. Accidents caused by commercial drivers in large vehicles often result in more severe injuries and higher payouts.
Delaware State Minimum Insurance Requirements
Vehicle owners in Delaware must carry auto liability insurance of at least $25,000 per person/$50,000 per accident, $10,000 for property damage, and Personal Injury Protection (PIP) coverage of $15,000 per person/$30,000 per accident.
Delaware requires insurance companies to provide uninsured motorist (UM) and underinsured motorist (UIM) coverage equal to the policy’s liability limits, unless the policyholder has rejected the coverage in writing.
How to Calculate a Minor Injury Settlement
Most mild to moderate injury claims are covered by your own Personal Injury Protection (PIP) coverage. PIP only pays for economic damages. You can estimate your payoff by adding up your economic damages, like medical bills, out-of-pocket costs, and lost wages. PIP does not pay for pain and suffering.
Serious or complicated injury claims should be handled by an experienced personal injury attorney for the best outcome. Your attorney can respond to allegations of shared fault, and prove your damages exceed the no-fault threshold.
If you sue the at-fault party, your attorney will also seek compensation for your pain and suffering.
Visitor Questions: Delaware Car Accidents
Settlement for getting rear ended while 34 weeks pregnant?
I was rear ended at a stop light one month ago (November, 2017). I was 34 weeks pregnant at that time. I got so confused…
I was sitting at a red light and got rear ended by the woman behind me. I was driving a SUV and she was driving…