Car Accident Claims in Delaware

After stopping and exchanging information, a driver must immediately report a collision to the police agency for that location when it causes injury or death, when it happens on a public highway and causes apparent property damage of $2,000 or more, or when a driver appears impaired by alcohol or drugs. Other collisions may be reported voluntarily.

Delaware law does not set a routine driver-filed crash report; the police complete the Uniform Traffic Collision Report. The Department of Safety and Homeland Security may require drivers (or police) to file supplemental reports on its forms when it finds the original report insufficient. Those reports are confidential and cannot be used as evidence at trial except to show the report was made.

A driver in a collision that damages property must stop immediately, check whether anyone is hurt, move a blocking vehicle if no one is injured, and give name, address, vehicle registration and driver license to the other driver or property owner. In an injury or death collision the driver must also give reasonable help, such as taking the person for medical care or calling police or emergency services and waiting. Leaving a property-damage collision: fine of $230 to $1,150 or 60 days to 6 months in jail, plus a 6-month license revocation. Leaving an injury collision: misdemeanor, $1,000 to $3,000 fine or 1 to 2 years in jail, plus 1-year revocation. Leaving a fatal collision: class E felony with at least 1 year in prison, plus 2-year revocation.

Every registered vehicle must carry liability insurance of at least $25,000 for injury or death of one person, $50,000 for two or more people in one accident, and $10,000 for property damage (25/50/10). Delaware also requires personal injury protection (PIP) of at least $15,000 per person and $30,000 per accident for medical expenses, lost earnings and similar costs incurred within 2 years of the accident (funeral costs up to $5,000), plus $10,000 coverage for damage to property other than vehicles. PIP covers occupants of the insured vehicle and pedestrians it hits.

Modified comparative negligence (51% bar). An injured person whose negligence was not greater than the negligence of the defendant (or of all defendants combined) can recover, but damages are reduced by his or her percentage of negligence.

A lawsuit for personal injuries must be filed within 2 years from the date the injuries were sustained.

A lawsuit for injury to personal property (such as a vehicle) must be filed within 2 years after the claim accrues. Actions for trespass, and for damages caused by an injury "unaccompanied with force or resulting indirectly" from the defendant's act, have 3 years.