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Delaware Car Accident Lawyer: Help After a Crash on Delaware Roads
After a car crash in Delaware, you may be dealing with medical bills, a damaged car and an insurance adjuster who wants a recorded statement. You probably also have questions: whether you need a lawyer, who pays your medical bills, and what your claim might be worth. This page explains how Delaware car accident claims work, what Delaware law says about insurance, fault and deadlines, and when it makes sense to talk to a lawyer.
The Sharma Law Firm represents people hurt in car crashes in New Castle, Kent and Sussex counties. Aman Sharma, Esq. is a Delaware attorney, Delaware Bar ID No. 5706, and a military veteran. The firm has 8 offices in Delaware, and our paralegals speak Spanish. Hablamos español. Our injury helpline, (302) 781-3077, is answered 24 hours a day, and office meetings are by appointment.
Delaware offices for car accident clients
- Delaware personal injury lawyer overview
- Wilmington car accident and injury office
- Wilmington car accident lawyer: I-95, I-495 and city crash claims
- North Wilmington injury office
- Bear and Christiana injury office
- Middletown car accident and injury office
- Dover car accident and injury office
- Milford car accident and injury office
- Seaford car accident and injury office
- Lewes car accident and injury office
When should you hire a car accident lawyer?
Delaware does not require you to hire a lawyer after a car accident. If the crash damaged only your car and nobody was hurt, you may be able to settle it directly with the insurance company.
It is worth talking to a lawyer when injuries needed medical treatment. Emergency care, imaging, surgery and physical therapy get expensive quickly, and the first bills are rarely the last ones. A claim should account for treatment you will need in the future, time missed from work, and how the injury affects your daily life, not only the invoices you have today. If you stop physical therapy early because of cost, your recovery can suffer, and the insurer may later argue your injuries were minor.
You should also get advice if fault is disputed, if the other driver had little or no insurance, if a commercial vehicle was involved, or if someone died in the crash. For fatal crashes, see our page on Delaware wrongful death claims.
Denied PIP benefits and low settlement offers
Insurance companies review every claim closely, and adjusters work for the insurer. It is common to see PIP bills questioned, treatment called unnecessary, or an early settlement offer made before you know how serious your injuries are. Once you sign a release, you usually cannot reopen the claim.
When we represent you, we handle calls with adjusters, request records, track deadlines and prepare the paperwork, so you can focus on getting better.
Delaware car accident law: insurance, fault and deadlines
Personal injury protection (PIP) under 21 Del. C. § 2118
Delaware requires owners of vehicles registered in Delaware to carry personal injury protection, usually called PIP, under 21 Del. C. § 2118. PIP pays certain medical expenses and lost wages for covered people up to the policy limits, whether or not the driver of the insured car caused the crash. The required minimum is $15,000 per person and $30,000 per accident, and many policies carry more.
Because of PIP, people often call Delaware a no-fault state. That label is only partly accurate. Delaware PIP does not take away your right to bring a claim against the driver who caused the crash. What changes is that you generally cannot recover again from the at-fault driver for the losses PIP is available to pay. Pain and suffering, and losses above your PIP limits, are pursued through a claim against the at-fault driver and their insurer.
Modified comparative negligence
Delaware uses modified comparative negligence (10 Del. C. § 8132). If you were partly at fault, your damages are reduced by your share of the fault. If you were more than 50% at fault, you recover nothing from the other driver. For example, if your damages are $100,000 and you were found 20% at fault, the most you could recover is $80,000. Insurers know this rule well, which is why adjusters often suggest early on that you share some blame.
Uninsured and underinsured motorist coverage (UM/UIM)
If the driver who hit you had no insurance, fled the scene, or carried limits too low to cover your losses, your own uninsured or underinsured motorist coverage may help. Delaware insurers must offer UM/UIM coverage (18 Del. C. § 3902), but whether you have it, and how much, depends on your policy. Your policy may also require prompt notice to your insurer, so check early.
Deadlines for Delaware car accident claims
Delaware's general deadline for personal injury claims is two years (10 Del. C. § 8119), but deadlines vary by claim and some notice requirements are much shorter. Claims involving a government vehicle, a wrongful death, or insurance benefits under your own policy can follow different rules. Talk to us before assuming you have time.
Accidents involving out-of-state drivers
Delaware sits between Pennsylvania, Maryland and New Jersey, and I-95, US-13, DE-1 and US-301 carry a large share of out-of-state traffic, especially in summer beach season. When the other driver is insured in another state, or you were hurt just across the state line, questions about whose insurance pays and which state's law applies get harder. We cover those questions on our page about Delaware car accidents involving out-of-state drivers.
What is the average settlement for a car accident?
There is no reliable average. Car accident settlements vary widely because every claim turns on its own facts. Factors that affect the value of a claim include:
- How serious the injuries are and whether they are permanent
- The medical care needed, including emergency care, surgery and ongoing treatment
- Lost wages and any effect on your ability to work in the future
- Pain, suffering and changes to your daily life
- Whether fault is disputed, and your share of fault, if any
- The insurance coverage available from the at-fault driver and your own policy
- Your age and overall health before the crash
Anyone who quotes you a settlement figure before reviewing your records and the insurance involved is guessing.
How we build a Delaware car accident claim
Good documentation makes a claim harder to discount. We gather the police crash report, photos and video of the scene and vehicles, witness statements, and medical records that connect your injuries to the crash. Common car crash injuries include whiplash and other soft tissue injuries, broken bones, spinal cord injuries and traumatic brain injury (TBI). Some of these do not show symptoms right away, which is one reason to get checked by a doctor promptly.
We handle claims arising from many kinds of crashes, including rear-end and intersection collisions, hit-and-run crashes, and crashes caused by distracted, drowsy or drunk driving. If a tractor-trailer was involved, our page on Delaware truck accident claims explains the additional rules and insurers that come into play.
Fees and case costs
We handle car accident claims on a contingency fee. Our contingency fee is 33.33% of the recovery. No attorney's fee unless we recover, and we advance case costs. If we win, costs are reimbursed from the settlement or recovery. If we don't win, you owe nothing. Fee percentages vary from firm to firm, so ask any lawyer you're considering to state theirs in writing.
Delaware car accident FAQ
Is Delaware a no-fault state for car accidents?
Partly. Delaware requires PIP coverage under 21 Del. C. § 2118, which pays certain medical bills and lost wages regardless of fault. Unlike some no-fault states, Delaware does not bar you from bringing a claim against the at-fault driver, although you generally cannot recover twice for losses PIP is available to pay.
Can I sue the other driver if I already have PIP?
Generally, yes. PIP covers certain losses up to its limits. A claim against the at-fault driver can seek damages PIP does not cover, such as pain and suffering and losses above your PIP limits.
What if I was partly at fault for the crash?
Under Delaware's modified comparative negligence rule, your damages are reduced by your percentage of fault. If you were more than 50% at fault, you recover nothing from the other driver.
How long do I have to file a car accident claim in Delaware?
Delaware's general deadline for personal injury claims is two years (10 Del. C. § 8119), but deadlines vary by claim and some notice requirements are much shorter. Talk to us before assuming you have time.
What if the driver who hit me had no insurance or not enough insurance?
Your own uninsured or underinsured motorist coverage may apply, depending on your policy. Delaware insurers must offer UM/UIM coverage, and your policy may require you to notify your insurer promptly.
Should I give a recorded statement to the other driver's insurance company?
You are generally not required to give one to the other driver's insurer, and what you say can be used to dispute fault or your injuries. Talk to a lawyer first. Your own policy may require you to cooperate with your own insurer, which is a different situation.
Is it worth getting a lawyer for a minor car accident?
If no one was hurt and the damage is small, you may not need one. If you needed medical treatment, missed work, or the insurer is disputing fault, a free case review can help you understand your options before you accept an offer.
How much does a car accident lawyer cost?
Our contingency fee is 33.33% of the recovery. No attorney's fee unless we recover, and we advance case costs. If we don't win, you owe nothing.
Free car accident case review
If you or a family member was hurt in a car accident in Delaware, call The Sharma Law Firm for a free, confidential case review. Please don't share confidential details in writing until we've spoken and confirmed there is no conflict.
Other injury cases we handle
Areas we serve
Our 8 Delaware offices serve communities across New Castle, Kent and Sussex counties. See every Delaware town our crash lawyers cover, grouped by the office that serves it.
A crash in an Uber or Lyft follows different insurance rules from an ordinary car crash, because the coverage depends on what the driver was doing at that moment. We cover that separately under rideshare crash claims in Delaware.
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