Delaware has specific laws governing automobile accidents and insurance claims. Understanding Delaware Personal Injury Protection (PIP) benefits, liability insurance, uninsured (UM) and underinsured motorist (UIM) coverage, comparative negligence, and the statute of limitations can help you protect your rights following an accident.
At Aleman & Associates LLC, we represent people injured in motor vehicle accidents throughout Delaware. A Delaware car accident lawyer can help you understand the insurance benefits available to you, investigate who caused the collision, and pursue compensation from the responsible parties.
The actions you take after a motor vehicle accident can affect both your health and your potential personal injury claim.
First, contact the police and report the accident when appropriate. A police investigation can help document how the collision occurred and identify the drivers, vehicles, witnesses, and insurance information involved.
If you are injured or experiencing symptoms, seek appropriate medical treatment. Some injuries may become more noticeable in the hours or days following a collision. Accurately explain your symptoms and how the accident occurred to your healthcare providers.
When it is safe to do so, take photographs or video of the vehicles, property damage, roadway, traffic signals, accident scene, and visible injuries. Evidence that seems unimportant immediately after an accident may become valuable if liability is later disputed.
You should also preserve medical bills, medical records, wage information, photographs, insurance correspondence, and other documents related to the accident.
Finally, be cautious when communicating with insurance companies. An insurance adjuster may request a recorded statement or ask you to sign documents shortly after the collision. Make sure you understand what is being requested before providing a statement or signing an authorization or release. Insurance adjusters may attempt to settle your case within hours or days after an accident- often before the full nature and extent of your injuries are known.
One of the most important aspects of a Delaware car accident claim is Personal Injury Protection, commonly referred to as PIP insurance.
Delaware requires certain vehicles registered in the state to carry PIP coverage. PIP is commonly described as "no-fault" insurance because benefits may be available regardless of who caused the accident.
Depending on the circumstances and available coverage, Delaware PIP benefits may provide payment for qualifying medical expenses, lost earnings, and certain additional expenses for services an injured person is unable to perform because of the accident.
The statutory minimum PIP coverage in Delaware is generally $15,000 per person and $30,000 for all persons injured in a single accident.
Many Delaware drivers purchase higher PIP limits. After an accident, it is important to review the applicable insurance policy and determine exactly how much coverage is available.
A common question after a collision is: Who pays my medical bills?
In many Delaware motor vehicle accident cases, PIP insurance is the first source of payment for qualifying accident-related medical expenses, subject to the available coverage and applicable law.
Your PIP claim, however, is different from your personal injury claim against the driver who caused the accident.
When another driver's negligence causes a collision, you may also have a bodily injury claim against that driver and the driver's liability insurance carrier. That claim may include compensation for legally recoverable damages resulting from your injuries.
Understanding the difference between your PIP benefits and your bodily injury claim is an important part of handling a Delaware motor vehicle accident case.
If another driver's negligence caused your injuries, you may have the right to pursue a personal injury claim against the responsible driver.
A Delaware car accident attorney can investigate the circumstances of the collision, identify available evidence, communicate with insurance companies, and determine what insurance coverage may apply.
Every personal injury claim is different. Depending upon the facts of the case, an injured person may be entitled to seek compensation for legally recoverable damages, including:
There is no simple formula that determines the value of a Delaware car accident settlement.
The value of a claim may depend on the severity and duration of the injuries, medical treatment, whether surgery is required, whether an injury is permanent, the effect of the injury on work and everyday life, available insurance coverage, and the strength of the evidence establishing liability.
Delaware law requires minimum automobile liability insurance limits of:
These are minimum limits. Some individuals and businesses carry significantly higher liability coverage.
Insurance coverage becomes particularly important when an accident results in serious injuries. The value of an injury claim may exceed the at-fault driver's liability limits, making it important to identify every potentially applicable source of insurance coverage.
If the person who caused your accident does not have insurance—or does not have enough insurance—Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage may become important.
UM coverage may provide protection when an accident is caused by a driver who does not have applicable liability insurance or in certain hit-and-run situations.
UIM coverage may provide additional protection when the responsible driver's liability coverage is insufficient in relation to your damages, depending upon the applicable policy and Delaware law.
After a serious accident, a Delaware auto accident lawyer should investigate all potentially available insurance policies rather than looking only at the policy covering the at-fault vehicle.
Delaware generally has a two-year statute of limitations for personal injury actions. This means that a lawsuit seeking compensation for personal injuries generally must be filed within two years from the date the injuries were sustained.
There can be exceptions and different deadlines depending upon the circumstances, so you should not assume that every claim has the same deadline.
Waiting can also make investigating an accident more difficult. Surveillance footage may be erased, witnesses can become harder to locate, vehicles may be repaired or destroyed, and other evidence may disappear.
Speaking with a Delaware personal injury attorney early in the process can help preserve evidence and ensure that important legal deadlines are identified.
No attorney can determine the value of a case simply by knowing that an accident occurred. The following may be considered when evaluating a personal injury claim:
Every claim should be evaluated based upon the individual circumstances of the injured person.
Not every motor vehicle accident requires an attorney. However, legal representation can be particularly important when an accident results in significant injuries, ongoing medical treatment, lost wages, disputed liability, permanent impairment, or questions regarding available insurance coverage.
A Delaware car accident lawyer may assist by investigating the collision, obtaining evidence, communicating with insurance companies, helping with PIP issues, identifying liability and UM/UIM coverage, collecting medical documentation, calculating damages, negotiating a settlement, and filing a lawsuit when necessary.
The insurance company has adjusters and professionals protecting its interests. An injured person has the right to seek legal advice and representation to protect his or her own interests.
If you or a family member has been injured in a motor vehicle accident in Delaware, Aleman & Associates LLC can help you understand your legal options.
With offices in each county, we represent individuals injured in motor vehicle accidents throughout Delaware. Whether you were injured in a rear-end collision, intersection accident, highway crash, distracted-driving accident, or another type of motor vehicle collision, we can review the circumstances of your accident and the insurance coverage that may be available.
Contact Aleman & Associates LLC today to schedule a consultation with a Delaware car accident attorney and learn more about your rights following a motor vehicle accident. Consultations are free, and you pay no attorney’s fees or costs unless we recover compensation for you.
Delaware generally has a two-year statute of limitations for personal injury actions, although different deadlines may apply depending upon the circumstances.
Delaware's statutory minimum PIP coverage is generally $15,000 per person and $30,000 per accident.
Potentially. Delaware's comparative negligence law may allow recovery when your negligence is not greater than the negligence of the defendant or combined defendants, although your recovery is reduced by your percentage of fault.
Depending upon your insurance coverage and the circumstances, uninsured (UM) or underinsured motorist (UIM) coverage may provide another potential source of recovery.
Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Every case is different, and the outcome of a particular matter depends upon its individual facts and circumstances. Viewing this website or contacting the firm does not, by itself, create an attorney-client relationship.
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