Delaware car accident laws

Last checked 1 July 2026

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.

Delaware car accident laws at a glance

Delaware car accident rules, what applies and the statute

Rule	What applies in Delaware	Statute	Detail
Deadline to file an injury lawsuit	2 years	Del. Code tit. 10, §8119	Read more
Fault rule	Modified comparative negligence, 51% bar	Del. Code tit. 10, §8132	Read more
Insurance system and minimums	Add-on PIP, no threshold to sue	Del. Code tit. 21, §2118	Read more
Notice to a government body	Varies by body, see the section	See the section	Read more
Wrongful death deadline	Two years from the date of death	See the section	Read more

Last checked 1 July 2026. Each row links to the section that explains it, with the statute.

How long do I have to file a car accident lawsuit in Delaware?

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).

What if I was partly at fault in Delaware?

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.

What car insurance does Delaware require?

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.

RelatedNo-fault states explainedHow the mandatory and choice no-fault systems work elsewhere.

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.

What mistake should I avoid after a crash 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.

What 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.

What is the deadline if the crash caused 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 should I talk to a lawyer in Delaware?

With a hard cutoff at 51% and PIP running in parallel with any liability claim, a conversation with a qualified lawyer can help clarify how the two interact for a specific situation.