What the Delaware car accident statute of limitations means for you
The Delaware car accident statute of limitations is two years. Call free to check your date.
Delaware is an at-fault state that still makes every driver carry personal injury protection or PIP. That cover pays your early medical bills and lost pay no matter who caused the crash, under 21 Del. C. 2118. Any lawsuit against the other driver must be filed within two years, under 10 Del. C. 8119.
The deadlines in Delaware
| What | Time limit | Law |
|---|---|---|
| Injury lawsuit | Two years | 10 Del. C. 8119 |
| Car or property damage lawsuit | Two years | 10 Del. C. 8107 |
| Shared fault | Barred if more at fault than all defendants combined | 10 Del. C. 8132 |
| Minimum liability cover | $25,000 / $50,000 / $10,000 | 21 Del. C. 2902 |
| Required PIP cover | $15,000 per person / $30,000 per crash | 21 Del. C. 2118 |
| Wrongful death lawsuit | Two years | 10 Del. C. 8107 |
How Delaware PIP shapes your claim
Your own PIP pays first. It covers reasonable medical costs, net lost earnings and some household help for expenses incurred within two years of the crash. The minimum is $15,000 for one person and $30,000 for everyone hurt in one accident.
There is a trade-off. You cannot claim, in a suit against the other driver, the losses your PIP was available to pay, under section 2118(h). The lawsuit goes after the rest, such as pain and bills above your PIP limit.
Two years for nearly everything in Delaware
The clock for injuries starts on the date you say you were hurt. Damage to your car and a family’s wrongful death claim also get two years, under section 8107. With one date to track, there is little room for error. Talks with the insurer do not stop the clock.
Shared blame under Delaware law
Delaware uses modified comparative negligence. You can recover if your negligence was not greater than that of the defendants combined, so an even split still pays. Your award then drops by your share, under section 8132.
Liability limits are low. The floor is $25,000 per person, $50,000 per crash and only $10,000 for property, under section 2902, so newer cars can exceed it.
When to call a Delaware car accident lawyer
Call once the PIP bills start running out or sooner if the injury is serious. An attorney can sort what PIP covers from what the other driver owes, then sue before two years pass. The call is free and the lawyer is paid only if you win.
Other states: Maryland, Pennsylvania, New Jersey or every state on one page.
Delaware car accident statute of limitations questions
How long do I have to sue after a car accident in Delaware?
Two years from the date of the injury, under 10 Del. C. 8119. Car damage claims also have two years.
Is Delaware a no-fault state?
Not in the usual sense. PIP is required and pays regardless of fault, but you can still sue the at-fault driver for losses beyond it.
Can I recover in Delaware if I was partly to blame?
Yes, if you were not more at fault than the defendants combined. Your share comes off the award.
Does Delaware PIP pay for pain and suffering?
No. PIP covers expenses like medical bills and lost earnings. Pain and suffering is claimed from the at-fault driver.
Before the clock runs out
In Delaware, the insurer may point to your PIP and offer little for the rest. Call before you sign a release and a lawyer will check what the other driver still owes and your deadline free.
Call about my deadline(833) 716-6705
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