What to do after a car accident in Delaware

{ "title": "What to Do After a Car Accident in Delaware", "metaDescription": "Injured in a Delaware car crash? Learn the exact steps to protect your health, rights, and potential injury claim — explained in plain English.", "body": "# What to Do After a Car Accident in Delaware\n\nA car accident can happen in seconds, but the decisions you make in the hours and days that follow can affect your health, your finances, and any legal claim you may have. If you've been in a crash in Delaware, this step-by-step guide will help you understand what to do — and what to avoid.\n\n## 1. Make Sure Everyone Is Safe and Call 911\n\nThe first priority is safety. If you can, move your vehicle out of traffic and turn on your hazard lights. Check yourself and your passengers for injuries. Call 911 right away — even if the crash seems minor.\n\nDelaware law requires you to report an accident to police when there is injury, death, or property damage that makes a vehicle unable to be safely driven. A police report creates an official record of what happened, which is important later if you file an insurance claim or a lawsuit.\n\nDo not admit fault at the scene, even casually. Saying "I'm sorry" can be used against you.\n\n## 2. Gather Evidence at the Scene\n\nIf it is safe to do so, collect as much information as possible before leaving:\n\n- Photos and video: Capture vehicle damage, skid marks, road conditions, traffic signs, and any visible injuries.\n- Other driver's information: Name, driver's license number, license plate, insurance company, and policy number.\n- Witness information: Names and phone numbers of anyone who saw the crash.\n- Officer's name and badge number: Ask for the police report number so you can request a copy later.\n\nThis evidence can be the difference between a strong claim and a weak one.\n\n## 3. Seek Medical Attention — Even If You Feel Fine\n\nSome injuries, like whiplash, soft-tissue damage, or mild traumatic brain injury, do not show symptoms right away. Seeing a doctor within 24–48 hours creates a medical record that links your injuries to the accident. Gaps in medical care are one of the most common reasons insurance companies reduce or deny claims.\n\nKeep every medical bill, prescription receipt, and doctor's note. These documents help establish the damages in your case.\n\n## 4. Notify Your Insurance Company\n\nDelaware is an at-fault state for car accidents. This means the driver who caused the crash is responsible for covering the other party's damages through their liability insurance. You will generally file a claim against the at-fault driver's insurer — or your own, depending on the circumstances.\n\nDelaware requires minimum auto insurance coverage of:\n- $25,000 per person / $50,000 per accident for bodily injury\n- $10,000 for property damage\n- $15,000 per person / $30,000 per accident for uninsured/underinsured motorist coverage\n\nReport the accident to your own insurer promptly, but be careful about giving recorded statements before speaking with an attorney. Insurance adjusters work for the insurance company — not for you.\n\n## 5. Understand Delaware's Statute of Limitations\n\nIf you want to file a personal injury lawsuit in Delaware, you have two years from the date of the accident to do so under Delaware Code Title 10, § 8119. Missing this deadline almost always means losing your right to sue, no matter how strong your case is.\n\nTwo years may sound like a long time, but building a strong case — gathering records, working with experts, negotiating with insurers — takes time. Talking to an attorney sooner rather than later protects your options.\n\n## 6. Consider Talking to a Personal Injury Attorney\n\nDelaware follows a modified comparative negligence rule under 10 Del. C. § 8132. This means you can recover compensation even if you were partially at fault — as long as you were less than 51% responsible for the accident. However, your compensation is reduced by your percentage of fault. For example, if you were found 20% at fault and your damages were $100,000, you could recover up to $80,000.\n\nAn experienced Delaware personal injury attorney can:\n- Investigate the accident and preserve evidence\n- Handle communications with insurance companies\n- Calculate the full value of your damages (medical bills, lost wages, pain and suffering)\n- Represent you in court if a fair settlement isn't reached\n\nMost personal injury lawyers in Delaware work on a contingency fee basis, meaning you pay nothing upfront and only owe a fee if you recover compensation. Find out if your case qualifies →\n\n---\n\n## Frequently Asked Questions\n\n### How long do I have to file a car accident claim in Delaware?\nFor a personal injury lawsuit, Delaware gives you two years from the date of the accident (10 Del. C. § 8119). Property damage claims follow the same timeline. Do not wait until the last minute — evidence disappears and witnesses' memories fade.\n\n### What if the other driver doesn't have insurance?\nDelaware requires insurers to offer uninsured/underinsured motorist (UM/UIM) coverage. If you have it, your own policy can cover your losses when the at-fault driver has no insurance or not enough. Review your policy or speak with an intake specialist to explore your options.\n\n### Can I still recover compensation if I was partly at fault?\nYes — as long as you were less than 51% at fault. Delaware's modified comparative negligence law reduces your payout by your share of fault. The exact impact depends on how fault is assigned, which varies case by case.\n\n### Do I need a police report to file a claim?\nYou are not legally required to have a police report to file an insurance claim, but it strongly supports your case. Without one, it becomes your word against the other driver's. Always call 911 and request a copy of the report afterward.\n\n### Should I accept the insurance company's first settlement offer?\nGenerally, no — at least not without reviewing it carefully. Initial offers are often lower than what you may be entitled to. Once you accept a settlement, you typically give up the right to seek additional compensation, even if your injuries turn out to be more serious than expected.\n\n---\n\nAfter a car accident in Delaware, the right steps taken quickly can protect your health and your legal rights. The wrong steps — like delaying medical care or accepting a low offer — can cost you.\n\nTalk to our 24/7 AI to see if you have a strong case — free, no obligation. → Start free intake" }