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Delaware accident law

Delaware car accident settlement calculator

Delaware is an at-fault state that uses modified comparative negligence, 51% bar. You generally have 2 years to file an injury lawsuit. The calculator below applies these rules to your numbers.

Checked against official sources November 5, 20264 cited sourcesHow we calculate

Injury lawsuit deadline2 years10 Del. C. 8119 (personal injury); 10 Del. C. 8107 (wrongful death, injury to personal property)
Fault ruleModified (51% bar)10 Del. C. 8132
Insurance systemAt-faultPIP required
Minimum liability25/50/10thousands of dollars

Delaware settlement estimate

How serious is the injury?
Moderate: months of treatment, full recovery. Typical multiplier 2 to 3.
Applied to your medical bills. Set by the injury above, adjust if you like.
Leave at 0 if unknown.
Lawyer fee, costs and liens
Estimated amount to you
$46,500

Likely range depends on the injury

Economic damages
$16,500
Pain and suffering
$30,000
Injury claim value
$46,500
After your share of fault
$46,500
Attorney fee and costs
$0
Liens repaid
$0

Delaware: Modified comparative negligence, 51% bar, at-fault (tort) state.

An estimate, not legal advice. Deadlines can be shorter in some situations, for example for claims against a city or state agency. Talk to a Delaware attorney about your case.

Delaware filing deadlines

ClaimDeadline
Personal injury lawsuit2 years
Vehicle and property damage2 years
Wrongful death2 years
10 Del. C. 8119 (personal injury); 10 Del. C. 8107 (wrongful death, injury to personal property). Counted from the accident date in most cases.

Personal injury (8119): 'No action for the recovery of damages upon a claim for alleged personal injuries shall be brought after the expiration of 2 years from the date upon which it is claimed that such alleged injuries were sustained', subject to 8127. A vehicle is personal property, so 8107's 2-year period applies.

If you were partly at fault

Delaware follows modified comparative negligence, 51% bar. Your damages are reduced by your percentage of fault, and you recover nothing if you were more at fault than the other side (51% or more). At exactly 50% you still recover half.

  • With $100,000 in damages and 30% of the fault, you would recover $70,000.
  • With 55% of the fault, you would recover $0, because the rule bars your claim.

Plaintiff can recover at exactly 50% fault; damages reduced in proportion to plaintiff's negligence.

Source: 10 Del. C. 8132. Compare all states in the comparative negligence table.

At-fault (tort) state

In Delaware the driver who caused the crash is responsible for the damage, so you claim against their liability insurance or sue them. Delaware also requires personal injury protection ($15,000 per person / $30,000 per accident (medical, lost earnings, funeral up to $5,000, etc.); plus $10,000 property damage (non-vehicle) coverage), which pays your own medical bills quickly, but it does not limit your right to sue.

Add-on PIP state. Collateral source rule modified: plaintiff is 'precluded from pleading or introducing into evidence in an action for damages against a tortfeasor those damages for which compensation is available under paragraph (a)(2) or (3)'.

Minimum car insurance in Delaware

$25,000 per person and $50,000 per accident for injuries, $10,000 for property damage. Uninsured motorist coverage is optional or can be rejected in writing.

Many drivers carry only the minimum, so the bodily injury limit is often the most the at-fault driver's insurer will pay one person. 2118(a)(1) requires liability coverage of at least the Financial Responsibility Law limits (2902). UM/UIM must be included unless 'rejected in writing' by a named insured (18 Del. C. 3902(a).

Damage caps

Delaware does not cap pain and suffering in ordinary car accident cases.

Dog bite law

Strict liability statute. Covers any injury, not only bites. Exceptions: victim was trespassing or committing/attempting a criminal offense on the owner's property, committing a criminal offense against any person, or teasing, tormenting, or abusing the dog.

Source: 16 Del. C. 3053F. Estimate a claim with the dog bite calculator.

Frequently asked questions

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

2 years from the accident for an injury lawsuit and 2 years for vehicle damage (10 Del. C. 8119 (personal injury); 10 Del. C. 8107 (wrongful death, injury to personal property)). Insurance claims should be reported much sooner, and claims against a government agency can have shorter notice deadlines.

Is Delaware a no-fault state?

No. Delaware is an at-fault state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage. Delaware does require personal injury protection (PIP) coverage of $15,000 per person / $30,000 per accident (medical, lost earnings, funeral up to $5,000, etc.); plus $10,000 property damage (non-vehicle) coverage, but you can still sue the at-fault driver.

What happens if I was partly at fault in Delaware?

Delaware follows modified comparative negligence, 51% bar (10 Del. C. 8132). Your damages are reduced by your percentage of fault, and you recover nothing if you were more at fault than the other side (51% or more). At exactly 50% you still recover half.

What is the minimum car insurance in Delaware?

$25,000 per person and $50,000 per accident for injuries, $10,000 for property damage (25/50/10).

Does Delaware cap pain and suffering damages?

Not in ordinary car accident cases.

Sources

Checked against official Delaware sources November 5, 2026.

  1. Delaware statute of limitations: 10 Del. C. 8119 (personal injury); 10 Del. C. 8107 (wrongful death, injury to personal property)
  2. Delaware insurance system: 21 Del. C. 2118(a)(2), (a)(3), (h)
  3. Delaware minimum liability insurance: 21 Del. C. 2902(b); 21 Del. C. 2118(a)(1); UM: 18 Del. C. 3902(a)(1)
  4. Delaware dog bite liability: 16 Del. C. 3053F