Delaware Car Accident Law

Delaware Car Accident Fault

Delaware has adopted has adopted the Proportional Comparative Fault at 51% standard of negligence. Proportional Comparative Fault at 51% means that if the injured party is 51% or more at fault in the car accident, he is absolutely barred from recovery for the other driver’s negligence.

DELAWARE CAR INSURANCE REQUIREMENTS AND LIMITS

Delaware Bodily Injury Liability Minimum Coverage

Personal Injury (single passenger): $15,000 in coverage for injury to an individual.

Personal Injury (multiple passengers): $30,000 in coverage for the driver and passengers in the car at the time of the accident.

Property Damage: $10,000 of minimum coverage.

Delaware Small Claims Limit: Car accident claims under $15,000 should be filed in a Justice of the Peace Court. Delaware does not have Small Claims Courts.

Delaware Personal Injury Statute of Limitations: The statute of limitations for personal injury claims in Delaware is 2 years from the date the injury occurred, or the time the injury was discovered if it could not have been immediately discovered.

Delaware Statutes Online: Delaware Code Annotated §8107, 8119 (Statute of Limitations for Personal Injury); Delaware Code Annotated Title 21 § 2901 (Insurance Requirements); Delaware Code Annotated Title 10 § 9301 (Small Claims Limits).

DELAWARE CAR ACCIDENT REPORTS

Delaware Police Reports: You can request a copy of a police report of your car accident by contacting the police department that investigated the car accident.

DMV: In Delaware, if a car accident occurs on a public highway and results in injury, death, $500 or more in property damage, or involves a DUI and $1,000 or more of property damage, you should report the car accident to the local police agency where the accident occurred. Obtain an accident report form from your insurance agent, or complete the Accident Reporting Form in the Delaware Driver’s Manual

Insurance Notification: You should promptly notify your auto insurance company of a car accident. Additionally, your auto insurance company may have specific notification requirements, so you should check your insurance policy for these notice requirements.