Delaware Accident Law

What you need to know if you are in a car or motorcycle accident in Delaware

Are you involved in a car or motorcycle accident in Delaware, you came to the right place. Delaware applies the 51% modified comparative fault law. This law bars recovery if you or responsible party is found 51% or more at fault. The insurance adjuster of the opposing party will be trying to put negligence on your shoulder and they will likely attempt to put 51% on you. This way they would not have to pay you even a dime for your damages. You can find the pertinent statute at 1 Del. C. � 8132.

What happens if you are found 20% at fault and the other party is found 80%. They would only pay 80% of your damages, and you or your insurance carrier would have to �eat� the damages to your car and the cost of the medical bills. The payments for pain and suffering will also be decreased.

Some visitors have asked if there is a big difference between a car and a motorcycle accident in Delaware. The answer is kind of. Technically the rules of the road, the jurisdictional analysis, the negligence analysis, apply with no difference. However, most juries are willing to cite and benefit the driver of a motorcycle more. A car v. a motorcycle accident has effect in certain juries that could modify the way you collect for damage (assuming you are in the vehicle). Click here to see the auto and motorcycle accident in Delaware chart.

As far as deductible reimbursement laws, we were unable to locate any statute or legislation pointing in that direction. If you have an accident, ask your insurance company (in writing) to collect your deductible. They will add it to their subrogation efforts. If they collect anything, they would try to �help you out� and send you your deductible back if they collect. Again, this would apply to car and motorcycle accident in Delaware.

Property Damages and diminution of value claim in auto and motorcycle accident in Delaware

The Delaware Superior Court (Delaware�s highest trial court) in Delledonne v. State Farm Mutual Ins. Co., 621 A.2d 350, 352 (Del. Super. Ct. 1992), denied cross motions for summary judgment finding that "repair or replace ... with like kind and quality" to be ambiguous and susceptible to two or more reasonable interpretations regarding loss in value. The Delledonne court determined that the majority of jurisdictions requiring the insurer to pay for diminution in value was the better view. However, that decision was short-lived because in O'Brien v. Progressive Northern Ins.

Co., No. 58, 2001 (Del. 2001), the Delaware Supreme Court joined the ranks of states strictly interpreting �repair and replace� language in automobile policies by holding that: �We conclude that the language �repair and replace� is not ambiguous and that this language does not contemplate payment for diminution of value.�

Delaware Accident Law
Jurisdiction	Modified Comparative-- 51% Rule
Liability Insurance required?	Yes
Personal injury liability maximum for one person injured in an accident.	$15,000
bodily injury liability maximum for all injuries in one accident.	$30,000
property damage liability maximum for one accident.	$10,000
PIP required?	Yes
No-fault state?	No
Uninsured motorist coverage required?	No
Bodily Injury Statue Of limitations	2 years (3 years if not discoverable in 2)
Property Damage Statute of Limitation	2 years (3 years if not discoverable in 2)
Small Claims Court Maximum Limit	$15,000
First Party Diminished Value Claim in Property Damage	Not Allowed
Med Pay Subrogation Allowed?	No
PIP Subrogation Allowed?	Yes
Deductible Reimbursement Law	PRO RATA STATE