Insurance Claim Rights in Delaware
Delaware is an at-fault state that also requires personal injury protection (PIP) coverage, creating a hybrid system. PIP covers immediate medical expenses regardless of fault, while the at-fault system determines liability for damages beyond PIP limits. Delaware's property damage minimum of $10,000 is among the lowest in the nation.
25/50/10
Min. Liability
2 yrs
PI Deadline
2 yrs
PD Deadline
Yes
Diminished Value
Fault System
How Delaware's At-Fault (Tort) System Works
Delaware is an at-fault (tort) state. This means the driver who caused the accident is financially responsible for the other party's damages. After an accident, you file a claim against the at-fault driver's insurance company. If the claim is denied or undervalued, you have the right to file a lawsuit to recover your damages.
Deadlines
Statute of Limitations in Delaware
Personal Injury
2 Years
You have 2 years from the date of the accident to file a personal injury lawsuit in Delaware. Missing this deadline permanently bars your right to seek compensation for medical bills, lost wages, and pain and suffering.
Property Damage
2 Years
For property damage claims (vehicle repairs, total loss, personal property), Delaware allows 2 years to file a lawsuit. This includes diminished value claims if applicable. Report damage to your insurer as soon as possible: report accidents to police if damage exceeds $500; notify insurer promptly.
Coverage Requirements
Minimum Auto Insurance in Delaware
Delaware requires all drivers to carry at least 25/50/10 in liability coverage. These numbers represent the minimum bodily injury per person / bodily injury per accident / property damage limits in thousands of dollars. While these are the legal minimums, higher coverage is strongly recommended.
Bodily Injury / Person
$25,000
Maximum per injured person
Bodily Injury / Accident
$50,000
Maximum per accident total
Property Damage
$10,000
Maximum for property damage
Diminished Value
Diminished Value Claims in Delaware
Delaware Allows Diminished Value Claims
After an accident in Delaware, your vehicle may lose market value even after high-quality repairs — this is called "diminished value." Delaware allows you to file a diminished value claim against the at-fault driver's insurance to recover the difference between your vehicle's pre-accident and post-repair market value. The amount recoverable depends on the vehicle's age, mileage, damage severity, and repair quality.
Calculate your diminished valueKey Laws
Important Insurance Laws in Delaware
Delaware follows a modified comparative fault rule with a 50% bar (10 Del. C. § 8132).
Personal injury protection (PIP) coverage of at least $15,000 per person and $30,000 per accident is required.
Delaware requires all accident claims to be reported to police if there is injury, death, or property damage exceeding $500.
Resources
Delaware Department of Insurance
If you have a complaint about your insurance company or need help with a claim dispute in Delaware, contact the state Department of Insurance. They regulate insurance companies operating in Delaware and can assist with claim disputes, bad faith complaints, and coverage questions.
FAQ
Frequently Asked Questions About Delaware Insurance Claims
Does Delaware require PIP coverage?
Yes, Delaware requires PIP coverage of at least $15,000 per person and $30,000 per accident. PIP pays for your medical expenses and lost wages regardless of who caused the accident, providing immediate financial relief while fault is being determined.
What is Delaware's comparative fault threshold?
Delaware uses a modified comparative fault rule. If you are 50% or more at fault, you cannot recover damages. If you are less than 50% at fault, your damages are reduced proportionally by your fault percentage.
When must I report a car accident in Delaware?
In Delaware, you must report any accident to the police if there is injury, death, or property damage exceeding $500. You should also notify your insurance company promptly, typically within 30 days of the accident.
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