Although Delaware is a fault-based auto insurance state, drivers still have to carry personal injury protection insurance. This type of policy is sometimes called no-fault insurance because it pays for medical bills for you and your passengers after an accident regardless of fault.
Review the rules about no-fault insurance if you or a loved one was recently involved in a Delaware auto accident.
Understanding add-on no-fault coverage
Delaware technically counts as a tort or no-fault state because you have an unlimited right to sue the responsible driver after an auto accident. However, you may hear it called an add-on no-fault state because you also have to hold PIP insurance to cover the cost of your own injuries.
State law requires a minimum of $15,000 per person and $30,000 per accident in PIP insurance, but you can purchase more for added financial protection. You can use this coverage for most costs related to car accident injuries. You may decide not to sue in this situation if you have enough PIP to pay medical bills and compensate for lost wages.
Filing an auto accident lawsuit
You can sue the other driver if he or she has at least 50% fault for the crash. If your actions played a role in the incident and you have less than 50% fault, the court will reduce your settlement by your determined fault percentage.
If you decide to go this route, you have two years from the date of the auto accident to file a personal injury lawsuit in Delaware. Gathering evidence right away can help you prepare for this process.