How does fault affect a car accident claim in Delaware?

On Behalf of | Feb 4, 2022 | Auto Accidents |

Auto accidents make up the majority of personal injury claims. The damages vary from minor to severe, creating a wide range of potential for compensation.

If you suffered injuries from a car accident and plan to file a lawsuit against the responsible driver, there are three important state laws that may affect your case.

1. Statute of limitations

In Delaware, you have two years starting from the date of your accident to file a lawsuit and seek compensation for your injuries and damage to your personal property. The deadline also applies to anyone seeking a wrongful death claim for a loved one.

2. Modified comparative negligence

Under Delaware’s modified comparative negligence rule, any percentage of blame you carry for the accident reduces your settlement by that amount. If a jury or adjuster finds you 10% at fault, you may still receive compensation for 90% of your losses. The driver with more than 50% responsibility is not eligible for compensation.

3. Personal injury protection insurance

In Delaware, you must have personal injury protection coverage as part of your auto insurance policies. PIP covers a portion of your medical bills, lost income, and property damages no matter who is at fault. If your expenses exceed PIP coverage, you may recover the rest of the damages by filing a claim against the at-fault driver.

Auto accidents sometimes cause irreparable damage, but personal injury laws exist to provide financial protection when it does happen. If you suffered severe injuries, you may sue for pain and suffering as well.