Getting into a car accident is stressful enough on its own without having to deal with the aftermath. However, finding out the at-fault driver has no insurance only adds to that stress. Fortunately, in Delaware, you still have legal options even when the other driver fails to follow the law.
How does Delaware’s no-fault system work
Delaware operates under a no-fault automobile insurance system. This means your own insurance policy covers your initial costs, regardless of who caused the accident. In fact, all drivers in Delaware must carry Personal Injury Protection (PIP). PIP usually covers medical expenses, lost wages, funeral costs and loss of services for up to two years after an accident. Despite this legal requirement, some drivers still get behind the wheel without insurance, leaving you to shoulder the financial burden alone.
What is uninsured motorist coverage?
This is where uninsured motorist (UM) coverage becomes important. UM is an auto insurance add-on that pays for your medical bills, lost wages and car repairs when the at-fault driver carries no insurance.
It also applies if you are the victim of a hit-and-run driver. If an uninsured driver recently hit you, check your current policy for UM coverage right away. If you have it, you can file a claim directly with your own insurer. This gives you a practical path forward when the at-fault driver simply cannot pay.
How long do you have to file a claim?
Now that you know your coverage options, acting quickly is just as important. Delaware law imposes firm time limits on when you can pursue compensation and letting those windows close can strip you of your right to recover damages. Here is what you need to know:
- Personal injury claims: Delaware law gives you two years from your accident date to bring forward a personal injury claim.
- Property damage or contract-based insurance disputes: The law allows three years to seek compensation for vehicle repairs or insurance disagreements.
Do not wait until the deadline is near to take action. The sooner you start the process, the better your chances of building a strong case and getting the help you need.
What can you do to protect your rights?
Dealing with an uninsured driver is frustrating, but you do not have to accept the financial consequences alone. Between PIP coverage and UM protection, Delaware gives you real tools to recover your losses. Thus, understanding your rights, knowing your deadlines and exploring every available option can make a significant difference in your outcome. You have already taken the right first step by learning what protections you have available.