Delaware Personal Injury Protection

Delaware Personal Injury Protection

When you are injured in a car accident, you expect your medical bills and lost wages to be paid by the driver who caused the accident. However, in a no-fault insurance state, your expenses are paid by your insurance company up to your policy limits or for two years following the accident. Delaware is a no-fault insurance state and requires drivers to carry person injury protection (PIP) insurance.

What are the Car Insurance Limits Required in Delaware?

Every registered motor vehicle in Delaware is required to have $15,000 in liability insurance coverage for one person and $30,000 in liability insurance coverage per accident. Liability insurance coverage pays damages to other parties who may be injured in an accident caused by the driver of that vehicle. The insurance policy must also include a minimum of $10,000 in coverage for property damage.

In addition to liability insurance, Delaware insurance laws require that every registered vehicle have $15,000 in PIP coverage for one person and $30,000 in PIP coverage per accident. PIP coverage is no-fault insurance meaning that it pays costs regardless of who caused the accident.

The above limits are minimum requirements. Drivers may choose to purchase additional insurance to ensure they are fully covered in the event of a car accident.

What is Personal Injury Protection (PIP) Insurance?

PIP insurance pays your medical expenses and lost wages from a car accident, even if you caused the crash, for up to two years following the car accident. Your PIP carrier is only required to pay your medical bills for reasonable and necessary care related to injuries sustained in the accident. It is also only required to pay your medical bills and lost wages up to the amount of your policy. Therefore, if you carry the minimum PIP coverage, your insurance company only pays up to $15,000 for medical expenses and lost wages.

You should note that your PIP coverage does not pay any compensation for the physical pain or emotional suffering caused by car accident. These damages may be recovered by filing a claim or lawsuit against the at-fault driver.

Filing a Car Accident Lawsuit in Delaware

If you have medical costs that continue after two years from the date of the accident, you can file a claim against the other driver’s insurance coverage. In addition, you can also file a claim against the other driver for your physical pain, emotional suffering, future lost wages, and permanent injuries.

Some states require that pain and suffering damages exceed a certain amount before you can file a car accident lawsuit against the other driver. Delaware’s no-fault insurance laws do not set an amount for damages. You can file a lawsuit for your physical pain and emotional suffering regardless of the amount of your other damages.

Filing a claim or lawsuit against the other driver in a car accident can be a complex undertaking due to Delaware’s PIP requirements and no-fault insurance laws. Call us to discuss your claim to determine your legal options for recovering compensation.

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