# Delaware car accident law: deadlines, fault and your claim > Delaware car accident claims: the 2-year deadline, the 51% fault bar, required PIP and how it limits a lawsuit, crash reports and government claims. Canonical page: https://accidentclaimfacts.com/location/delaware/ Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team General information, not legal advice. Talk to a licensed attorney in your state. ## Quick answer In Delaware you generally have 2 years from the date the injuries were sustained to sue for injuries, and 2 years to sue for damage to your car. Delaware uses modified comparative fault: your damages are reduced by your share of the blame, and you recover nothing if your fault is greater than the other side's. Every Delaware policy includes personal injury protection, but Delaware is not a no-fault state with a threshold for lawsuits. The catch is that you cannot claim from the at-fault driver the losses your PIP coverage is available to pay, even if you chose lower PIP limits or never collect them. ## Key facts | Fact | Detail | Note | |---|---|---| | Injury lawsuit deadline | 2 years | 10 Del. C. § 8119 | | Vehicle damage deadline | 2 years | 10 Del. C. § 8107 | | Wrongful death deadline | 2 years | 10 Del. C. § 8107 | | Fault rule | Modified comparative fault | No recovery at 51% or more | | Notice to a county or city | No general deadline | Notice within 1 year cannot be barred | | Minimum liability insurance | $25,000 / $50,000 / $10,000 | Per person / per crash / property | | Fault system | At-fault (add-on PIP) | PIP of at least $15,000 per person | | Traffic deaths in Delaware, 2024 | 126 | IIHS count | | State bar referral | Online Lawyer Referral Service | $35 for the first interview | ## Filing deadlines in Delaware Delaware's statute of limitations for an injury lawsuit is 2 years, counted from the date the injuries were sustained. Claims for damage to your car and for wrongful death fall under a separate section with the same length, counted from when the claim accrues. | Claim | Deadline | Law | |---|---|---| | Personal injury | 2 years | 10 Del. C. § 8119 | | Damage to your vehicle or other property | 2 years | 10 Del. C. § 8107 | | Wrongful death | 2 years | 10 Del. C. § 8107 | | Claim against a county or city | No general notice deadline; a local rule cannot bar notice given within 1 year | 10 Del. C. § 4013(c) | | PIP benefits | Expenses incurred within 2 years of the crash | 21 Del. C. § 2118 | Children are a gray area. Delaware's infancy rule (§ 8116) pauses the deadline while the injured person is a minor, but by its terms it covers only claims under §§ 8101-8115 and not the two-year injury statute (§ 8119). Whether a child's injury claim gets extra time, a form of tolling, is a question for a licensed Delaware attorney. Claims against the government start from sovereign immunity, with exceptions set by statute. Under Delaware's County and Municipal Tort Claims Act, counties, cities and other local governments are generally immune from tort claims, but not for negligence in their ownership, maintenance or use of a motor vehicle. Damages for all claims from one occurrence are limited to $300,000, or more if the county or city bought more insurance. On notice, there is no general notice-of-claim deadline for claims against counties and cities; a local ordinance may require notice, but it cannot bar a suit if notice is given within 1 year of the crash. Claims against the State itself are different: the State cannot raise sovereign immunity as a defense to any risk or loss covered by the state insurance coverage program. > **Warning:** Insurance talks do not pause any of these deadlines. Getting PIP payments from your own insurer is separate from a lawsuit against the other driver, which has its own deadline. ## How fault is shared in Delaware Under 10 Del. C. § 8132, your own negligence does not bar recovery as long as it was not greater than the negligence of the defendant. Your share of fault is compared with the defendant's, or with the combined fault of all defendants you sue. Your damages are then reduced by your percentage of fault. > **Example:** A jury finds you and the other driver each 50% at fault for a crash at a merge. Because your fault is not greater than theirs, you recover half of your proven damages. Had the jury put your share at 51%, you would recover nothing. Try the [fault-rule explainer](https://accidentclaimfacts.com/tools/fault-rule-explainer/?state=de&fault=20#fault) to see how Delaware's rule compares with other states. ## Insurance in Delaware Delaware drivers must carry liability insurance of at least $25,000 per person and $50,000 per crash for injuries, plus $10,000 for property damage. Delaware is an at-fault state that also requires first-party coverage: - **Personal injury protection:** Required: $15,000 per person / $30,000 per accident, including up to $5,000 for funeral expenses. It pays reasonable and necessary expenses incurred within 2 years of the crash. - **Uninsured motorist coverage:** Included unless rejected in writing. - **Underinsured motorist coverage:** Must be offered (up to $100,000/$300,000, not above your liability limits). The Insurance Information Institute estimates that 17.6% of Delaware drivers were uninsured in 2023, above the national estimate of 15.4%. The Delaware Department of Insurance takes consumer questions at 302-674-7300. ## After a crash in Delaware Delaware law says that after a crash you must stop at the scene, make reasonable efforts to find out whether anyone was hurt or killed, and give your name, address and vehicle registration number and show your license to the other people involved. In addition, the driver must immediately report the crash to the police agency for that location if anyone is hurt or killed, if property damage on a public highway appears to be $2,000 or more, or if a driver's ability is impaired by alcohol or drugs. To get a copy of the report, request a Delaware State Police report by mail from the Traffic Operations Section in Dover, with a copy of your collision information exchange form and a check or money order; walk-in requests are not accepted. The fee is $25 for a standard report and $60 for a fatal crash report. If a city or town police department handled the crash, ask that department. Our guide to [police reports](https://accidentclaimfacts.com/claim-process/police-report/) explains how insurers use them. ## Special rules in Delaware ### PIP pays first and shapes the lawsuit PIP pays your own medical bills and lost earnings up to its limits, through your own insurer. The trade-off is in Delaware's PIP statute: you cannot claim from the at-fault driver the losses your PIP coverage is available to pay, even if you chose lower PIP limits or never collect them. Losses that PIP does not cover, such as pain and suffering, can still be claimed from the at-fault driver. > **Example:** Your medical bills come to $12,000 and your policy has the minimum PIP. Those bills fall within PIP, so they cannot be part of your lawsuit against the other driver. Your pain and suffering can be, along with any losses beyond what PIP covers. Our guide to [who pays medical bills](https://accidentclaimfacts.com/money/who-pays-medical-bills/) explains how PIP and health insurance fit together. ### Seat belts Delaware keeps seat belt use out of the courtroom: not wearing a seat belt is not evidence of negligence and cannot be introduced at the trial of a civil case or insurance claim. ## Crashes on Delaware roads The Insurance Institute for Highway Safety counted 126 crash deaths in Delaware in 2024. That is 12.0 per 100,000 people, above the US rate of 11.5 per 100,000 people. Speeding played a part in 25% of the deaths, 40% happened on rural roads, and IIHS estimates that 33% of the passenger vehicle drivers killed had a blood alcohol concentration of 0.08% or higher. ## Finding a lawyer in Delaware The Delaware State Bar Association runs an Online Lawyer Referral Service, which takes requests only through its [online form](https://www.dsba.org/online-lawyer-referral-service); the bar asks people not to call its office. A lawyer who responds sets up a first interview (30 minutes) for $35. Read how [lawyer referral services](https://accidentclaimfacts.com/choosing-a-lawyer/lawyer-referral-services/) work before you use one. The Delaware Supreme Court keeps the list of active attorneys and links a [Public Lawyer Database](https://rp470541.doelegal.com) from its website. Our guide on how to [check a lawyer's license](https://accidentclaimfacts.com/choosing-a-lawyer/check-a-lawyers-license/) explains what to look for. ## FAQ ### What is the statute of limitations for a car accident in Delaware? Generally 2 years from the date the injuries were sustained for an injury lawsuit, and 2 years for vehicle damage. A wrongful death claim also has 2 years. ### Is Delaware a no-fault state? No. Delaware requires personal injury protection on every policy, but it is an at-fault state without a threshold for lawsuits. You can sue the at-fault driver for losses PIP does not cover. ### Can I sue for medical bills that PIP covers in Delaware? Generally not. Under 21 Del. C. § 2118(h), you cannot claim from the at-fault driver the losses your PIP coverage is available to pay, even if you chose lower PIP limits or never collect them. Bills beyond your PIP limits, and pain and suffering, are a different matter. ### Can I recover damages if I was partly at fault in Delaware? Yes, as long as your fault is not greater than the defendant's. Your damages are reduced by your percentage, so at 50% you recover half. At 51% or more, you recover nothing. ### Do I have to call the police after a crash in Delaware? Yes, if anyone is hurt or killed, if a driver seems impaired by alcohol or drugs, or if property damage on a public highway appears to be $2,000 or more. The report must be made immediately. ### Does not wearing a seat belt hurt my claim in Delaware? Delaware law says not wearing a seat belt is not evidence of negligence and cannot be introduced at the trial of a civil case or insurance claim. ## Sources - [Delaware Code, Title 10 chapter 81](https://delcode.delaware.gov/title10/c081/index.html) — limitation periods and comparative negligence - [Delaware Code, Title 21 § 2118](https://delcode.delaware.gov/title21/c021/sc01/index.html) — required insurance and PIP - [Delaware Code, Title 21 chapter 42](https://delcode.delaware.gov/title21/c042/index.html) — duties after a crash - [Delaware State Police, Traffic unit](https://dsp.delaware.gov/traffic-unit/) — crash report requests and fees - [Delaware General Assembly, Delaware Code Title 10 § 4013(c)](https://delcode.delaware.gov/title10/c040/sc02/index.html), checked October 29, 2026 - [Delaware State Bar Association, Public Resources](https://www.dsba.org/resources/public-resources/), checked October 29, 2026 - [Delaware General Assembly, Delaware Code Title 18 § 6511](https://delcode.delaware.gov/title18/c065/sc01/index.html), checked October 29, 2026 - [Insurance Information Institute, Facts + Statistics: Uninsured motorists](https://www.iii.org/fact-statistic/facts-statistics-uninsured-motorists), checked October 29, 2026 - [Delaware General Assembly, Delaware Code Title 21 § 4802(i)](https://delcode.delaware.gov/title21/c048/index.html), checked October 29, 2026 - [Delaware Supreme Court, home page (Public Lawyer Database link)](https://courts.delaware.gov/supreme/), checked October 29, 2026 - [Delaware Code, Title 21, Chapter 29 (Motor Vehicle Safety-Responsibility), Section 2902](https://delcode.delaware.gov/title21/c029/sc01/index.html), checked October 28, 2026 - [Alabama Department of Insurance, State Auto Insurance Laws](https://www.aldoi.gov/Consumers/StateAutoLaws.aspx), checked October 28, 2026 - [Delaware Code, Title 18, Section 3902 (uninsured and underinsured vehicle coverage)](https://delcode.delaware.gov/title18/c039/index.html), checked October 28, 2026 - [Delaware Department of Insurance, Auto Insurance Guide](https://insurance.delaware.gov/wp-content/uploads/sites/15/2022/09/Auto-Insurance-Guide.pdf), checked October 28, 2026 - [IIHS, Fatality Facts 2024: State by state](https://www.iihs.org/research-areas/fatality-statistics/detail/state-by-state), checked June 1, 2026