Delaware Car Accident Laws

Delaware is one of a handful of "add-on" states — alongside Oregon and Arkansas — that require PIP coverage without gating your right to sue the at-fault driver behind an injury threshold.

In many no-fault states, PIP is a gate you have to clear before suing. In Delaware, it's simply the first payer — the gate doesn't exist.

Statute of limitations: 2 years

Under Del. Code tit. 10, §8119, you generally have two years from the date of the accident to file a personal injury lawsuit. Claims against a county or city government carry a shorter, one-year deadline (§8124).

Fault rule: modified comparative negligence, 51% bar

Under Del. Code tit. 10, §8132, you can recover damages if you're found 50% at fault or less, reduced by your percentage. At 51% or more, you recover nothing.

Insurance: add-on PIP, no threshold to sue

Delaware requires PIP (minimum $15,000 per person / $30,000 per accident), which pays your medical bills and lost wages regardless of fault for up to two years — but unlike Kansas, Utah, or Michigan, there's no injury-severity threshold you need to clear before suing the at-fault driver. You just can't seek reimbursement for costs PIP already covered. Minimum liability limits are 25/50/10: $25,000 per person and $50,000 per accident for bodily injury, plus $10,000 for property damage.

How this plays out in a real claim

Take an intersection collision where fault is genuinely disputed. If an insurer or court assigns you 40% of the blame, Delaware's rule still lets you recover 60% of your damages, and even at exactly 50% you still recover half. But at 51% or more, the claim is barred entirely — not reduced, eliminated. That one-point difference between 50% and 51% is exactly why insurers have a real incentive to push a borderline case just over the line rather than simply discount what they pay.

A mistake worth avoiding in Delaware

Because a single percentage point at the 51% threshold can be the entire difference between a reduced payout and nothing at all, careless statements at the scene or to an adjuster carry more weight here than in a pure comparative state. Avoid speculating about fault, even casually, until the full picture — police report, witnesses, any available footage — is in front of you.

If a government vehicle or agency was involved

Under the Delaware Tort Claims Act (10 Del. C. §4001 et seq.), you must send written notice to the Delaware Attorney General within 90 days of the incident (§8113) before suing the state; local governments generally apply similar notice requirements under their own charters, so it's worth confirming the specific municipality's rules. After proper notice, the standard 2-year deadline still applies to the lawsuit itself. One point worth knowing: unlike many states, Delaware doesn't cap non-economic damages in most personal injury cases, government claims included.

If the crash resulted in a death

Delaware gives two years from the date of death for a wrongful death claim (10 Del. C. §8107), matching the state's general personal injury deadline. Beneficiaries are the spouse, parent, child, and siblings (10 Del. C. §3724); if none survive, any blood or marriage relative can claim. Delaware bars punitive damages in a wrongful death claim itself (they're only available in a separate survival action), and unlike some neighboring states, Delaware places no cap on the damages a jury can award.

Beyond the deadline and the fault rule

The statute of limitations and the fault rule above decide whether you have a claim and how much of it survives — they don't decide what the claim is actually worth, or whether it's worth handling yourself. For that, see our guides on what affects a settlement, who pays your medical bills while a claim is pending, and whether Delaware law makes a lawyer worth it for your specific situation.

When it's worth talking to someone

With a hard cutoff at 51% and PIP running in parallel with any liability claim, a free, no-obligation conversation can help clarify how the two interact for a specific situation.