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Delaware (DE)

Delaware car accident laws

By Serdar Arslan, editor · Last reviewed · How we research

Delaware requires personal injury protection on every policy even though it remains an at-fault state. PIP must cover at least $15,000 per person and $30,000 per accident for expenses incurred within 2 years of the crash. You generally cannot claim the same losses from the at-fault driver once PIP has paid them, but you can still sue for pain and suffering and for losses above your PIP limits.

Injury, vehicle damage and wrongful death suits generally must be filed within 2 years. A crash with a county or town vehicle brings different limits: damages are generally capped at $300,000 per occurrence unless the government carries more insurance, and while a local ordinance may require advance notice, it cannot bar a suit if notice is given within 1 year. Under the modified comparative fault rule, you recover nothing if you are more than 50% at fault. Police must be called right away for any injury, $2,000 or more in apparent property damage on a public road, or a driver who appears impaired.

Key rules at a glance

Personal injury filing deadline
Generally 2 years from the date the injury happened
Property damage deadline
Generally 2 years for injury to personal property, such as damage to your vehicle
Wrongful death deadline
Generally 2 years from when the claim arises
Claims against a government entity
Counties and towns can be sued for negligence in owning or using a motor vehicle, but damages are generally capped at $300,000 per occurrence unless they carry more insurance. A local government may require advance notice by ordinance, but such a rule cannot bar a suit if notice is given within 1 year of the crash. Claims against the State of Delaware follow separate immunity rules.
Fault rule
Modified comparative fault (51% bar): Your damages are reduced by your percentage of fault, but you recover nothing if your fault is greater than the combined fault of the defendants (more than 50%).
Insurance system
At-fault (tort) · PIP of at least $15,000 per person and $30,000 per accident is required, for expenses incurred within 2 years of the crash (Del. Code Ann. tit. 21, § 2118(a)(2)). You generally cannot claim from the at-fault driver the same losses that PIP pays, but you can still sue for pain and suffering and losses above PIP.
Minimum liability insurance
$25,000 per person / $50,000 per accident bodily injury; $10,000 property damage
Uninsured motorist coverage
Not required (usually offered; you may reject it in writing)
Damage caps
There is no general cap on damages in car accident cases against private parties. Claims against counties and towns are generally capped at $300,000 per occurrence unless the government buys more insurance (Del. Code Ann. tit. 10, § 4013). In wrongful death cases, punitive damages are allowed only for malicious or reckless, wilful or wanton conduct.
Reporting a crash
After stopping and helping anyone hurt, you must immediately report the collision to the police agency for that area if anyone is injured or killed, if apparent property damage on a public road is $2,000 or more, or if a driver appears impaired by alcohol or drugs.

Getting your crash report in Delaware

Request a copy of the crash report from the police agency that responded, such as Delaware State Police or a city or county police department.

Checking a Delaware lawyer

Before you sign anything, confirm the attorney is licensed and in good standing with the official state search, and ask for the fee agreement in writing. Our guide on choosing and verifying a lawyer lists what to ask.

126 people died in motor vehicle crashes in Delaware in 2024, according to IIHS analysis of NHTSA FARS data.

Frequently asked questions

›Do I need PIP if Delaware is an at-fault state?

Yes. Delaware requires PIP of at least $15,000 per person and $30,000 per accident, covering expenses incurred within 2 years of the crash (Del. Code Ann. tit. 21, § 2118(a)(2)). You keep the right to sue the at-fault driver for pain and suffering and for losses above what PIP pays.

›What is the deadline to sue after a Delaware crash?

Generally 2 years from the date the injury happened (Del. Code Ann. tit. 10, § 8119). Damage to your vehicle and wrongful death claims also generally have 2 years (§ 8107). Check the statute or ask a licensed attorney if you are close to the deadline.

›Can I sue a county or town after a crash in Delaware?

Yes, counties and towns can be sued for negligence in owning or using a motor vehicle. Damages are generally capped at $300,000 per occurrence unless the government buys more insurance (Del. Code Ann. tit. 10, §§ 4012(1), 4013). A local notice ordinance cannot bar your suit if notice is given within 1 year of the crash.

›When must I call the police after a Delaware crash?

Immediately, if anyone is injured or killed, if apparent property damage on a public road is $2,000 or more, or if a driver appears impaired by alcohol or drugs (Del. Code Ann. tit. 21, § 4203(a)). Report it to the police agency for the area where the crash happened.

›What if I was more than half to blame?

You would recover nothing. Delaware reduces your damages by your share of fault and bars recovery if your fault is greater than the combined fault of the defendants (Del. Code Ann. tit. 10, § 8132).

Sources

  1. Delaware Code Title 10, Chapter 81 – Personal Actions
  2. Delaware Code Title 10, Chapter 37, Subchapter II – Wrongful Death Actions
  3. Delaware Code Title 10, Chapter 40, Subchapter II – County and Municipal Tort Claims
  4. Delaware Code Title 21, Chapter 21, Subchapter I (§ 2118)
  5. Delaware Code Title 21, Chapter 29, Subchapter I (§ 2902)
  6. Delaware Code Title 21, Chapter 42 – Reports of Accidents
  7. Delaware Courts – Legal Assistance
  8. Delaware State Bar Association – Online Lawyer Referral Service
  9. IIHS – Fatality Facts 2024: State by state