Auto Insurance Claims in Delaware: Guide

Delaware Car Insurance Claims: Deadlines, Limits & Your Rights

Delaware is an at-fault (tort) state that follows modified comparative negligence (51% bar), with minimum liability limits of 25/50/10 ($25,000 per person / $50,000 per accident / $10,000 property damage). Delaware follows modified comparative negligence (51% bar) and requires PIP coverage. Delaware is a two-party consent recording state. Minimum coverage is 25/50/10.

How fault works in Delaware

Delaware is an at-fault (tort) insurance state, which means the driver who caused the crash is liable for the damages. You can pursue the at-fault driver's insurer directly (a third-party claim), file with your own insurer and let them recover from the other side through subrogation, or sue the at-fault driver.

You can recover as long as you were no more than 50% at fault; cross the 51% line and you recover nothing. Delaware uses this more common version of the rule, so an even split of fault still leaves you able to claim.

Filing deadlines (statute of limitations)

Miss the deadline and you permanently lose the right to sue — adjusters know this and may run out the clock, so calendar these dates the week of your crash:

Statutory basis: Two-year statute. 10 Del. C. 8119.

Minimum coverage required in Delaware

Every Delaware driver must carry at least:

• $25,000 bodily injury liability per person
• $50,000 bodily injury liability per accident
• $10,000 property damage liability
• Uninsured/underinsured motorist coverage is not required in Delaware — but it's worth adding, since it pays when the at-fault driver has no insurance.
• Personal Injury Protection (PIP) is required in Delaware — your own policy pays your medical bills first.

These are legal minimums, not recommendations; they often fall short of the cost of a serious crash.

Know your rights when dealing with adjusters in Delaware

Delaware is a two-party (all-party) consent state: you must have the adjuster's permission before recording a call. Insurers may record you after a verbal notice, so listen for it and ask for written confirmation of anything important.

Delaware recognizes bad-faith claims under common law, so if your insurer unreasonably delays, lowballs, or denies a valid claim you may have a separate cause of action beyond the claim itself.

How to file your Delaware claim, step by step

1. Make the scene safe and call 911. Get to safety, check for injuries, and report the crash. A police report is one of the strongest pieces of evidence you can have.
2. Document everything. Photograph all vehicles, the road, signage, and visible injuries; collect the other driver's insurance and license details and any witness contacts.
3. Get medical care promptly. See a doctor even if you feel fine — gaps in treatment are the first thing insurers use to argue your injuries aren't serious.
4. Notify your insurer. Report the crash quickly to satisfy your policy's notice rules, but stick to the facts and avoid speculating about fault.
5. File and track the claim. Submit your claim, keep a written log of every call, and don't accept the first offer without checking it against your actual damages.

Where to get help in Delaware

If an insurer won't deal fairly, your regulator is Delaware Department of Insurance. You can file a complaint at https://insurance.delaware.gov/divisions/consumer-services/complaint-form/. General information: https://insurance.delaware.gov.

Key takeaways for Delaware

• Delaware is an at-fault (tort) state using modified comparative negligence (51% bar).
• You generally have 2 years to sue for injuries and 2 years for property damage.
• Minimum liability limits are 25/50/10.
• UM/UIM is optional but recommended. PIP is required.
• Your regulator for complaints is Delaware Department of Insurance.

Educational information, not legal advice. Laws change — confirm current rules with Delaware Department of Insurance or an attorney licensed in Delaware. Last reviewed June 2026 · InsurifyAI Knowledge Hub.