Delaware Hit-and-Run Accident Lawyer: Claims When the Driver Flees

When the driver who hit you drives away, the usual path to compensation, a claim against that driver's insurance, may disappear. You can still have options. In Delaware, your own personal injury protection coverage and your uninsured motorist coverage are often where a hit-and-run claim begins, and if police find the driver, a claim against that driver can follow.

This page walks through what Delaware law requires of drivers after a crash, how hit-and-run claims work with your own insurance, and what to do right away. It is general information, not legal advice for your case.

The Sharma Law Firm represents drivers, passengers, pedestrians and cyclists hurt in hit-and-run crashes across Delaware. Aman Sharma, Esq. is a Delaware attorney, Delaware Bar ID No. 5706. Call (302) 781-3077 at any hour. Meetings are by appointment at our 8 Delaware offices, and our paralegals speak Spanish.

What Delaware law requires of a driver after a crash

Leaving the scene is a crime in Delaware, and the penalty depends on what happened.

• Crashes with injury or death. Under 21 Del. C. § 4202, a driver involved in a collision resulting in injury or death must immediately stop at the scene and render reasonable assistance to anyone injured. A driver who leaves a crash involving injury faces a fine of $1,000 to $3,000 or 1 to 2 years in prison under § 4202(b). Leaving a crash involving death is a class E felony under § 4202(c).
• Crashes with property damage only. Under 21 Del. C. § 4201, a driver must stop and give their name, address and vehicle registration number and show a driver's license.
• Reporting to police. Under 21 Del. C. § 4203, a crash must be reported to police when it results in injury or death, or apparent property damage of $2,000 or more, among other situations. Depending on where the crash happened, the report is taken by the Wilmington Police Department inside the city, by the Delaware State Police, or by another local or county police agency.

A criminal case against the driver is handled by prosecutors. Your civil claim for your injuries is separate, and it does not depend on whether charges are filed.

Uninsured motorist coverage and hit-and-run crashes

Delaware insurers must include uninsured and underinsured motorist (UM/UIM) coverage in auto policies unless the named insured rejects it in writing on the insurer's form, under 18 Del. C. § 3902(a)(1). If you have UM coverage, it can pay for injuries caused by a driver who cannot be identified.

The statute sets conditions. Under § 3902(a)(3)c, a hit-and-run vehicle counts as uninsured when it causes an accident resulting in bodily injury or property damage, and the injury or damage was caused either by physical contact between the hit-and-run vehicle and you or your insured vehicle, or by a noncontact vehicle whose driver and owner are both unknown. The accident must be reported to the police or proper governmental authority, and you must notify your insurer within 30 days, or as soon as practicable after that.

Those conditions are why the first days matter. A crash that was never reported, or a delay in telling your insurer, can give the insurance company a reason to deny the claim.

What if the car never touched you?

Some drivers force another car off the road without hitting it. Delaware's statute covers these "phantom vehicle" crashes too, as long as both the driver and the owner of that vehicle are unknown, so a car that ran you off the road can still qualify. Proof matters in these cases: witnesses, dashcam video and the physical evidence at the scene become especially important.

PIP pays first

Your personal injury protection coverage under 21 Del. C. § 2118 applies whether or not the other driver is found. Delaware's minimum PIP limits are $15,000 for one person and $30,000 for all persons injured in one accident. PIP covers reasonable and necessary medical expenses, net lost earnings and certain other losses, and expenses must be submitted to the insurer no more than 2 years after they are received.

Serious injuries often cost more than PIP pays. The uninsured motorist claim is where losses above PIP, including pain and suffering, are pursued when the driver is unknown.

If police identify the driver

Police sometimes find a hit-and-run driver days or weeks later through plate readers, traffic cameras, witness tips or body shop reports. That is true on major corridors like I-95 as well as on local streets. Once the driver is identified, you may have a claim against that driver and their insurer, and your uninsured motorist claim may become an underinsured claim if the driver's limits are too low. Under 18 Del. C. § 3902(b)(2), an underinsured vehicle is one with bodily injury liability coverage below the damages you sustained.

Delaware's modified comparative negligence rule, 10 Del. C. § 8132, still applies. A driver who fled may argue you were partly at fault. Your recovery is reduced by your share of fault, and barred only if your fault is greater than the defendants' combined.

If a lawsuit becomes necessary, it is filed in Delaware Superior Court in the county where the case belongs: New Castle County at the Leonard L. Williams Justice Center in Wilmington, Kent County at the courthouse in Dover, or Sussex County at the courthouse in Georgetown.

Pedestrians and cyclists hit by drivers who flee

Many hit-and-run crashes in Delaware involve people on foot or on bikes. If you own a car, your own PIP and UM coverage may still apply even though you were not driving. A household member's policy may also be relevant. See our Delaware pedestrian accident lawyer and bicycle accident lawyer pages.

What to do after a hit-and-run in Delaware

1. Call 911. Get medical help and a police response. Ask for the report number before you leave.
2. Write down what you saw. Color, make, model, partial plate, direction of travel and any damage to the other car, while it is fresh.
3. Look for cameras. Businesses, homes and buses nearby may have video. Much of it is recorded over within days.
4. Get witness contact information. A witness who saw the plate can change the case.
5. Notify your insurer within 30 days. This is a condition of hit-and-run uninsured motorist coverage under § 3902(a)(3)c.
6. Keep paint transfer and damaged parts. Photograph your vehicle before repairs. Evidence of contact, or of how the other vehicle forced the crash, matters to the claim.
7. Talk to a Delaware lawyer. Your own insurer becomes the other side in a UM claim, and it will evaluate your injuries the way any insurer does.

Deadlines

Delaware's general deadline for personal injury claims is two years from the injury under 10 Del. C. § 8119, and wrongful death claims generally have two years under 10 Del. C. § 8107. The 30-day insurer notice condition for hit-and-run coverage is much shorter. Talk to us before assuming you have time.

How we handle hit-and-run claims

We confirm that the crash was reported and your insurer was notified, then build the record the policy requires: the police report, photos showing contact, witness statements, and any video we can locate. We gather medical records and wage information, present the uninsured motorist claim, and stay in contact with investigators in case the driver is found. If your insurer will not pay a fair amount, we are prepared to take the claim to court or arbitration as the policy allows.

For crashes where the other driver stayed but had little or no insurance, our Delaware car accident lawyer page covers uninsured and underinsured claims more broadly.

Fees and case costs

No attorney's fee unless we recover. We advance all case costs, and if we don't win, you owe nothing. Our contingency fee is 33.33% of the recovery. Fee percentages vary from firm to firm, so ask any lawyer you're considering to state theirs in writing.

Frequently asked questions about Delaware hit-and-run accidents

Who pays for my injuries if the driver is never found?

Your PIP coverage pays first for covered expenses. If you have uninsured motorist coverage, it can pay for additional losses caused by a hit-and-run driver, subject to the policy terms and the conditions in 18 Del. C. § 3902(a)(3)c.

Do I have to report a hit-and-run to the police in Delaware?

Crashes with injury or death must be reported under 21 Del. C. § 4203, and hit-and-run uninsured motorist coverage requires a report to the police or proper governmental authority.

How soon do I have to tell my insurance company?

For hit-and-run uninsured motorist coverage, Delaware law requires notice to your insurer within 30 days, or as soon as practicable after that.

Will my premiums go up if I file an uninsured motorist claim?

Rating decisions depend on your insurer and policy. An uninsured motorist claim for a crash you did not cause is different from an at-fault claim, and we can review the policy with you.

What happens if the police find the driver later?

You may then have a claim against the driver and the driver's insurer, and your own coverage may still apply if the driver's limits are too low.

Can I still recover if I did not get the license plate?

Yes, it is possible. Uninsured motorist coverage exists for drivers who cannot be identified, as long as the policy and statutory conditions are met: physical contact, or a noncontact vehicle whose driver and owner are both unknown, plus a police report and timely notice to your insurer.

What if I was a pedestrian and do not own a car?

A household member's auto policy may provide coverage. The answer depends on the policy language, so bring any household policies to your case review.

Free hit-and-run case review

Call (302) 781-3077 any time, or use the case review form on this page. Hablamos español. Submitting the form does not create an attorney-client relationship.

If the car that fled was carrying a passenger for a rideshare app, the app company’s uninsured motorist coverage may apply on top of your own. Our Delaware Uber and Lyft crash page sets out the tiers.