Delaware Motor Vehicle Accident Rules & Laws

Insurance Requirements

System type: Delaware operates under a no-fault insurance system. This means that after an accident, each driver’s own insurance coverage pays for their medical expenses and lost wages, regardless of who was at fault.

Minimum coverage: Delaware law requires all drivers to carry Personal Injury Protection (PIP) insurance with the following minimum limits:

• $15,000 for bodily injury per person
• $30,000 for total bodily injury per accident
• $10,000 for property damage per accident

Uninsured/underinsured motorist (UM/UIM) coverage: While not mandatory, Delaware drivers are encouraged to carry UM/UIM coverage to protect themselves if involved in an accident with an uninsured or underinsured driver.

Penalties for non-compliance: Driving without the required insurance in Delaware can result in fines, suspension of driving privileges, and vehicle impoundment.

Optional coverages: While not required, additional coverages can offer greater financial protection:

• Collision coverage: Pays for damage to your vehicle after a collision, regardless of fault
• Comprehensive coverage: Covers non-collision-related damages, such as theft, vandalism, or natural disasters
• Gap insurance: Helps pay off the remaining balance of a totaled vehicle’s loanMedPay (Medical Payments): Covers medical bills for you and your passengers, regardless of fault

Rideshare drivers: In Delaware, rideshare drivers must carry additional insurance coverage depending on their activity within the app. Rideshare companies like Uber and Lyft typically provide liability coverage for accidents occurring while the driver is actively transporting or en route to pick up a passenger. Drivers should verify that their personal auto insurance policy does not exclude coverage during these periods to avoid potential gaps in protection.

Fault Laws

No-fault insurance system in Delaware

Delaware operates under a no-fault insurance system, meaning that after an accident, your own insurance policy covers your medical expenses and lost wages regardless of who was at fault. This system is designed to provide quicker compensation for accident victims and reduce litigation. The mandatory Personal Injury Protection (PIP) coverage ensures that all drivers have access to immediate financial assistance for accident-related medical costs and lost income.

Comparative negligence rule

Despite its no-fault framework for medical expenses, Delaware allows accident victims to file lawsuits for damages exceeding their PIP limits or for cases involving severe injuries. The state follows a modified comparative negligence rule, which means your ability to recover compensation depends on your degree of fault. If you are less than 50% responsible for the accident, you can still recover damages. However, your compensation will be reduced by the percentage of fault assigned to you. For example, if you are 20% at fault in an accident with $100,000 in damages, you can recover $80,000. If you are 50% or more at fault, you are barred from recovering any compensation.

Exceptions to no-fault coverage

While PIP covers medical expenses and lost wages, other damages, such as property damage and pain and suffering, are pursued through traditional fault-based claims. Victims can file a lawsuit against the at-fault driver for these losses if they meet certain thresholds, such as severe or permanent injuries or costs exceeding their PIP coverage. This dual system balances the efficiency of no-fault claims with the accountability of fault-based lawsuits.

Statute of Limitations

Filing deadlines: In Delaware, the statute of limitations for filing a personal injury lawsuit after a motor vehicle accident is two years from the date of the accident. This deadline applies to claims for damages related to injuries, property damage, and other losses caused by the accident. Missing this deadline typically forfeits your right to pursue compensation.

Discovery rule: If injuries are not immediately apparent, the two-year period may begin when you discover, or reasonably should have discovered, your injury.

Claims involving minors or individuals with disabilities: For minors or legally incapacitated individuals, Delaware law tolls (pauses) the statute of limitations until the minor reaches the age of 18 or the legal incapacity is lifted. The filing period begins at that time.

Government claims: If the accident involves a government entity—such as a state vehicle or road maintenance negligence—Delaware law requires filing a formal notice of claim within a shorter time frame, often 90 days from the date of the accident. This requirement ensures compliance with strict procedural rules for suing a government entity. Consulting an attorney is essential in such cases to meet the specific requirements.

Accident Reporting Requirements

In Delaware, reporting a car accident is required under specific conditions outlined by state law. Proper compliance ensures safety, supports insurance claims, and helps resolve potential legal issues. Below are the key aspects of accident reporting in Delaware.

When to report an accident

Delaware law mandates that drivers immediately report a car accident to the appropriate law enforcement agency if any of the following conditions are met:

• Injury or death: If anyone involved in the collision is injured or killed
• Property damage: If the apparent property damage is $500 or more
• Impaired driving suspicion: If it appears that a driver involved was impaired by alcohol or drugs

Drivers are required to call 911 under those circumstances, providing all necessary information. Then, if law enforcement arrives at the scene, they will document the accident and provide an exchange form with preliminary details. 

Failure to report an accident as required can result in fines ranging from $25 to $95 for first offenses, with increased penalties for subsequent violations. Additional penalties may include license suspension.

Filing accident reports

In minor accidents where law enforcement does not arrive at the scene, you may need to file a report directly with the Delaware State Police or the local police department. For this you would:

• Obtain a Delaware Uniform Traffic Collision Report from the police department or the Delaware Department of Transportation (DelDOT)
• Complete the report with all required details, including names, addresses, insurance information, and a description of the accident, and submit it within the timeframe specified by law

However, in the following cases, police would have to investigate and file a report:

• Accidents involving injuries or fatalities: A formal police investigation is required, and additional documentation, such as a Fatal Crash Supplement Report, may be necessary
• Damage exceeding $2,000: If property damage is significant, police agencies are required to investigate and file a report
• Accidents involving impaired drivers: Law enforcement will conduct a detailed investigation if impairment is suspected

How to access accident reports

If a police officer files a formal accident report in Delaware, you can obtain a copy for legal or insurance purposes. Reports are typically available within 10 business days after the accident. Requests can be made through the following methods:

By Mail: Send a written request to the Delaware State Police Traffic Operations Section at P.O. Box 430, Dover, DE 19903. Include a copy of your Collision Information Exchange Form and payment ($25 for standard reports, $60 for fatal accidents). Payment must be in the form of a check or money order, made payable to the Delaware State Police.

By Phone: For inquiries about the request process, contact the Delaware State Police Traffic Operations Section at (302) 739-5931 during business hours (Monday–Friday, 8 a.m.–4 p.m.).

Note that walk-in requests are not accepted, and processing times may vary. Keeping personal copies of accident-related documentation can assist with insurance claims or legal proceedings while waiting for the official report.

Compensation Limits

Economic damages: Delaware imposes no cap on economic damages, allowing victims to recover the full extent of their financial losses. This includes medical expenses, lost wages, property damage, and other quantifiable costs directly related to the accident. Economic damages aim to reimburse victims for the tangible costs incurred as a result of the incident.

Non-economic damages: There are no statutory limits on non-economic damages in Delaware. Victims may seek compensation for intangible losses such as pain and suffering, emotional distress, loss of companionship, and diminished quality of life. These damages are assessed based on the severity of harm and its impact on the victim’s life.

Punitive damages: Delaware does not cap punitive damages. These are awarded in cases involving gross negligence, malice, or willful misconduct. Punitive damages are not meant to compensate the victim but to punish the at-fault party and deter similar behavior in the future. Courts consider factors like the defendant’s conduct, financial circumstances, and any prior offenses when determining the award.

Medical Coverage Considerations

In Delaware, managing medical expenses after a car accident involves understanding the state’s no-fault insurance system, the role of Personal Injury Protection (PIP) coverage, and other options for addressing medical costs.

Personal injury protection (PIP): Delaware is a no-fault insurance state, requiring drivers to carry PIP coverage as part of their auto insurance policies. This coverage pays for medical expenses and lost wages regardless of who was at fault.

• Minimum requirements: $15,000 per person and $30,000 per accident
• Scope of coverage: PIP benefits apply to the driver, passengers, pedestrians, and bicyclists involved in the accident
• Duration: PIP typically covers costs for up to two years post-accident or until the policy limit is reached

Health insurance: If PIP benefits are exhausted, medical expenses can be submitted to health insurance providers. However, health insurers may seek reimbursement from any compensation obtained through legal claims or settlements with the at-fault party’s insurance.

Uninsured/underinsured motorist coverage: Delaware allows drivers to purchase uninsured/underinsured motorist coverage, which provides additional financial protection if the at-fault driver lacks sufficient insurance to cover medical expenses.

At-fault party responsibility: Although PIP is the primary payer, victims may pursue compensation from the at-fault driver’s insurance if damages exceed the PIP policy limits. This can include reimbursement for out-of-pocket medical expenses and other losses not covered by PIP.

Maximum medical improvement (MMI): Reaching MMI, when injuries stabilize and further recovery is unlikely, is a key milestone for settling claims. Premature settlements may fail to account for ongoing medical needs.

Workers’ compensation: If the accident occurred while performing work-related duties, injured parties might be eligible for workers’ compensation benefits, covering medical costs and a portion of lost wages.

Unique Local Factors

Weather and road conditions: Delaware’s coastal climate leads to diverse weather patterns, including heavy rainfall, fog, and occasional snow or ice during winter. These conditions can reduce visibility and create slippery road surfaces, especially on bridges and overpasses. Drivers should prepare vehicles for seasonal weather, ensuring proper tire maintenance and functioning windshield wipers.

Traffic congestion: Delaware’s location along the Northeast Corridor and proximity to major cities like Philadelphia, Baltimore, and Washington, D.C., leads to heavy traffic on highways such as I-95 and Route 1. Congestion is common during peak travel hours and holiday seasons, increasing the risk of accidents in these high-traffic areas.

Tourism and seasonal population influx: Delaware’s beaches and historic landmarks attract large numbers of visitors, particularly in the summer months. The influx of out-of-state drivers often leads to increased congestion and unfamiliarity with local roadways, contributing to accidents.
Pedestrian and cyclist activity: Delaware’s urban centers, small towns, and popular outdoor trails see significant pedestrian and cyclist activity. Drivers must exercise caution at crosswalks, bike lanes, and areas near parks or recreational paths to prevent collisions

Local Resources & Contacts

State agencies:

• Delaware Department of Motor Vehicles (DMV): For accident report requests and driver information 
  • Website: https://dmv.de.gov
  • Phone: (302) 744-2500
• Delaware Department of Transportation (DelDOT): Provides road condition updates, safety initiatives, and traveler resources
  • Website: https://deldot.gov 
  • Phone: (302) 760-2080

Delaware State Police: Contact for accident reports, traffic enforcement, and public safety

• Website: https://dsp.delaware.gov 
• Phone: (302) 739-5931

Legal assistance: Consulting with a Delaware personal injury attorney can help clarify your legal options following an accident. Attorneys can assist in navigating liability concerns, understanding compensation limits, and filing claims effectively. Many offer free consultations to discuss potential cases.