Delaware Car Accident With an Out-of-State Driver: What to Know

A lot of the traffic on Delaware roads comes from somewhere else. When a driver from Pennsylvania, Maryland or New Jersey causes a crash in Delaware, or you are a visitor hurt on I-95 or on the way to the beach, the usual questions get more complicated. Whose insurance pays? Which state's law applies? Where can a claim be filed, and do you need a lawyer in Delaware or back home?

The answers depend on the facts and the insurance policies involved, so treat this page as general information and get advice about your own situation.

The Sharma Law Firm represents people hurt in car crashes in Delaware. Aman Sharma, Esq. is admitted to practice in Delaware, Delaware Bar ID No. 5706. The firm has 8 Delaware offices and a 24-hour injury helpline at (302) 781-3077.

Why so many Delaware crashes involve out-of-state drivers

Delaware is small, and several major routes run straight through it. I-95 carries interstate traffic past Newark and Wilmington between Maryland and Pennsylvania, and connects to the Delaware Memorial Bridge into New Jersey. US-13 and DE-1 run the length of the state. US-301 brings Maryland traffic toward Middletown. In summer, beach traffic heading to Rehoboth Beach, Lewes and Dewey Beach adds a large number of visitors, many in rental cars or unfamiliar with local roads.

The reverse happens too. People who live in Claymont, Newark, Delmar or Selbyville cross into Pennsylvania or Maryland for work and errands every day, and a crash a mile from home can happen in another state.

Whose insurance pays? Delaware PIP and out-of-state drivers

Delaware requires owners of vehicles registered in Delaware to carry personal injury protection (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. Other states handle this differently. Their insurance systems, required coverages and minimums differ. In every case, what is actually covered depends on the policy.

If you have a Delaware auto policy

If you have a Delaware policy and an out-of-state driver hits you in Delaware, your own PIP is usually the first place to look for medical bills and lost wages, the same as if the other driver were from Delaware. A claim for losses PIP does not cover, such as pain and suffering, is made against the at-fault driver and their liability insurer.

If the at-fault driver is insured in another state

The at-fault driver's liability insurance is still the main source for a claim against that driver, even though the policy was issued in Pennsylvania, Maryland, New Jersey or somewhere else. Some auto policies include language addressing coverage when the car is driven in another state. Whether that language applies, and how, depends on the wording of the specific policy, so it is worth getting a copy of the relevant coverage information early.

If you are visiting Delaware from another state

If you live in another state and were hurt in a crash in Delaware, your own auto policy from home may provide benefits for your medical bills, such as PIP or medical payments coverage, depending on what you bought and the rules of the state where it was issued. Your claim against the Delaware driver or other at-fault driver may be governed by Delaware law because the crash happened here. If you were driving a rental car, the rental company's coverage, your own policy and any coverage through a credit card can all be part of the picture.

If the out-of-state driver had no insurance or too little

Uninsured and underinsured motorist coverage (UM/UIM) on your own policy may apply when the at-fault driver had no insurance, fled the scene, or carried limits too low to cover your losses. Delaware insurers must offer UM/UIM coverage (18 Del. C. § 3902). If your policy was issued in another state, that state's rules and your policy terms will matter.

Which state's law applies, and where can you file?

There is no single answer that fits every crash. In general, a claim against a driver who caused a crash on a Delaware road can often be brought in Delaware, even when that driver lives in another state. Delaware law allows lawsuits against nonresident drivers over crashes on Delaware roads. A lawsuit may also be possible in the state where the at-fault driver lives.

Which state's law governs a particular question is a separate issue. Fault and damages for a Delaware crash are often decided under Delaware law, but questions about an insurance policy may be decided under the law of the state where the policy was issued. Courts apply choice-of-law rules to sort this out, and the result can depend on where the people involved live, where the cars are registered and insured, and where the crash happened. Jurisdiction is fact-dependent, and it is one of the first things we look at.

If Delaware law applies to fault, Delaware's modified comparative negligence rule (10 Del. C. § 8132) matters. Your damages are reduced by your share of the fault, and if you were more than 50% at fault, you recover nothing. Other states use different fault rules.

Deadlines can also differ from state to state. 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. When more than one state is involved, the shortest deadline that might apply is the safe one to plan around. Talk to us before assuming you have time.

Delaware residents hurt just across the state line

If you live in Delaware and were hurt in a crash in Pennsylvania, Maryland or New Jersey, that state's law may govern the claim against the at-fault driver, and a lawsuit may need to be filed in that state's courts. Your Delaware policy may still provide PIP or other benefits, depending on its terms.

Claims arising in another state may require a lawyer admitted in that state. Aman Sharma is admitted to practice in Delaware. If your claim has to be pursued in another state's courts, we can talk through your situation and explain your options, including whether you need a lawyer admitted there.

Dealing with an out-of-state insurance company

When the other driver is insured in another state, you may be dealing with an adjuster who works in a different state and may not handle many Delaware claims. A few practical points help:

• Ask for the claim number, the adjuster's name and direct contact information, and write them down.
• Put important requests and disputes in writing, by email or letter, and keep copies.
• You are generally not required to give a recorded statement to the other driver's insurer. Talk to a lawyer before agreeing to one.
• Be careful with broad medical authorization forms, which can reach records unrelated to the crash.
• Do not sign a release or accept a final settlement until you understand your full medical picture, what PIP has paid, and whether anyone has a right to be repaid from the settlement.

Police reports and crash reporting in Delaware

Call 911 after any crash involving an injury. Delaware law requires crashes involving injury or death, and certain other crashes, to be reported to police. Depending on where the crash happened, the Delaware State Police or a local department such as Wilmington, Dover or Rehoboth Beach police may respond and prepare the crash report. You can generally request a copy of the report from the agency that responded.

The police report is especially useful when the other driver lives out of state, because it records their name, address, driver's license state, license plate and insurance information. Check that information for errors. If a road condition, work zone or traffic signal may have played a part, the Delaware Department of Transportation (DelDOT) may have relevant records, and claims involving a government agency can carry their own notice rules.

What to do after a crash with an out-of-state driver

1. Call 911, get medical help, and ask for police to respond to the scene.
2. Photograph the vehicles, license plates from both states, the scene, road conditions and your injuries.
3. Get the other driver's name, address, phone number, driver's license state and number, plate number, and insurance company and policy number. A photo of their license and insurance card helps.
4. Get names and phone numbers of witnesses.
5. See a doctor promptly, even if you feel fine. Keep every bill and record.
6. Notify your own insurance company, and ask about PIP, medical payments and UM/UIM coverage.
7. Get the police report number and the name of the responding agency.
8. Before giving a recorded statement to the other driver's insurer or signing anything, talk to a lawyer.

How The Sharma Law Firm can help

We represent people hurt in crashes on Delaware roads, including crashes with drivers from other states. Our offices sit near the corridors where many of these crashes happen: the Wilmington injury office near I-95, the Dover injury office on the DE-1 and US-13 corridor, and the Lewes injury office for beach-area crashes. For general information about Delaware claims, see our Delaware car accident lawyer page. If a tractor-trailer from another state was involved, see our page on Delaware truck accident claims.

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.

Out-of-state car accident FAQ

Can I sue an out-of-state driver in Delaware?

Often, yes, if the crash happened in Delaware. Delaware law allows lawsuits against nonresident drivers over crashes on Delaware roads. Whether Delaware is the right place to file, or the only place, depends on the facts, so get advice before deciding.

Whose insurance pays if a Maryland driver hits me in Delaware?

If you have a Delaware auto policy, your own PIP coverage is usually the first source for medical bills and lost wages, up to your limits. A claim for other losses, such as pain and suffering, is made against the Maryland driver's liability insurance. If that driver had no insurance or too little, your UM/UIM coverage may apply, depending on your policy.

Does my Delaware PIP still cover me if the other driver is from Pennsylvania or New Jersey?

Generally, yes. Your PIP benefits depend on the terms and limits of your Delaware policy, not on where the other driver lives.

I was visiting Delaware and got hurt in a car accident. Which state's law applies?

The claim against the at-fault driver for a Delaware crash is often decided under Delaware law. Your own insurance benefits may be governed by the law of the state where your policy was issued. Which law applies to which question depends on the facts.

Do I need a lawyer in Delaware or in my home state?

It depends on where the claim will be pursued. A lawsuit filed in Delaware courts needs a lawyer admitted in Delaware. A lawsuit in another state's courts generally needs a lawyer admitted in that state. We can review your situation and explain your options.

Can you hire a lawyer from another state for a car accident?

Lawyers are generally licensed state by state. A lawyer can typically file and handle a lawsuit only in the courts of a state where they are admitted, although courts sometimes allow an out-of-state lawyer to appear in a specific case alongside a local lawyer. Aman Sharma is admitted in Delaware.

A Delaware driver hit me just over the line in Maryland or Pennsylvania. Can I file in Delaware?

Possibly, but that state's law may apply and the claim may need to be filed there. Claims arising in another state may require a lawyer admitted in that state. Call us to talk through the facts.

How long do I have to file a claim after an out-of-state driver hits me 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. If another state's law might apply, its deadlines may differ. Talk to us before assuming you have time.

Do I have to come back to Delaware for my case if I live in another state?

Much of a claim, including paperwork, calls and medical records, can often be handled from home. If a lawsuit is filed, some steps, such as a deposition, a medical exam or a trial, may require your participation, and some may be in person.

Talk to a Delaware car accident lawyer

If you were hurt in a Delaware crash involving an out-of-state driver, or you are a visitor hurt on a Delaware road, 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. Hablamos español.

Call (302) 781-3077, 24 hours a day.