Delaware Accident Law Snapshot

Delaware Car Accident Claims

Legal Options After a Car Accident in Delaware

Delaware state map

Quick Facts

  • Statute: 2 years from the date of the accident.
  • Fault Rule: Modified comparative negligence (50% bar).
  • Minimum Coverage: $25,000 per person / $50,000 per accident / $10,000 property damage.

Key Facts for Delaware Accident Claims

Statute of Limitations

2 years from the date of the accident.

Personal injury claims

Fault System

Modified comparative negligence (50% bar).

Comparative fault rules

Min. Liability Coverage

$25,000 per person / $50,000 per accident / $10,000 property damage.

State minimums

Uninsured Motorist

Required unless rejected in writing.

Coverage status

Statute of Limitations in Delaware

Comparative Fault: Modified comparative negligence (50% bar). Minimum Liability Coverage: $25,000 per person / $50,000 per accident / $10,000 property damage. Uninsured Motorist: Required unless rejected in writing.

Don't Wait: Evidence can disappear and memories fade. Contact an attorney as soon as possible after your accident.

Delaware's Fault System

Delaware applies a modified comparative negligence system with a 50% bar rule. If an injured person is 50% or more at fault, they cannot recover compensation. If less than 50% at fault, damages are reduced in proportion to their responsibility. This system encourages fair distribution of liability while providing partial recovery for victims who share some fault. Insurers carefully evaluate evidence to assign accurate fault percentages.

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Insurance Requirements

Delaware requires drivers to carry minimum liability insurance of 25/50/10. Liability coverage protects others from injuries and property damage you may cause. Insurers must also offer uninsured motorist coverage unless rejected in writing. Maintaining UM coverage ensures protection in accidents involving uninsured or underinsured drivers.

Frequently Asked Questions

You generally have two years from the date of the accident.

Yes, as long as your fault is less than 50%; recovery is reduced proportionally.

Liability coverage of 25/50/10.

It must be offered by insurers but may be rejected in writing.

Get Help from a Delaware Attorney

Our Delaware accident attorneys are ready to fight for the compensation you deserve. Free case review, no fee unless you win.

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