Is Delaware a no-fault state?

Yes. Delaware is a no-fault state, which means your own Personal Injury Protection (PIP) coverage pays for your medical bills and certain losses first, regardless of who caused the crash.

What is Delaware's fault rule for a car accident?

Delaware follows modified comparative — 51% bar. You can recover only if you were 50% or less at fault; your award is reduced by your share.

How long do I have to file an injury claim in Delaware?

In Delaware the statute of limitations for a personal-injury claim is generally 2 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.

Delaware · Injury claims

Car accident injury claims in Delaware

Delaware is a no-fault state, so the path your injury claim takes — who pays first, when you can pursue the other driver, and how long you have — works differently than you might expect. Here are the rules that shape an injury claim in Delaware.

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Delaware at a glance

Fault rule: Modified comparative — 51% bar
No-fault state?: Yes
PIP / no-fault coverage: $15,000 per person / $30,000 per accident (medical, hospital, funeral, lost-earnings)
Minimum liability coverage: 25/50/10 ($25K BI/person / $50K BI/accident / $10K PD/accident) under 21 Del. C. § 2902 + mandatory PIP $15K/$30K (§ 2118) + mandatory UM/UIM (§ 3902); $10K PD floor joins WI/NY/IL/FL/NM low-PD cluster
Time limit for an injury claim: 2 years

How fault works in Delaware

10 Del. C. § 8132 is a modified comparative-fault 'not greater than' rule: a plaintiff whose negligence is NOT GREATER THAN the defendant's (or combined defendants') recovers, with damages diminished in proportion to the plaintiff's fault; a plaintiff at 51% or more recovers $0, while a plaintiff at 50% or less recovers proportionally. This is the 51% bar (CONFIRMED VERIFIED 2026-05-26 against delcode.delaware.gov). Helm v. 206 Massachusetts Avenue, LLC (Del. Supr.) holds § 8132 unambiguous and limited to negligence (not recklessness). DE is the 16th state in the modified-51%-bar cluster. Several liability for most defendants.

Paying for injuries in Delaware

18 Del. C. § 2118 mandates PIP at minimum $15,000 per person / $30,000 per accident (medical, hospital, funeral, lost-earnings) on every DE-registered vehicle; PIP cannot be rejected for personal auto. Delaware is a no-fault/PIP state but has NO tort threshold — it retains the traditional tort right against the at-fault driver from accident #1, pairing DE with Oregon as the only PIP-mandate states with no tort threshold.

How Moe handles injury claims in Delaware

Knowing the rule is one thing — applying it against a carrier is another. Moe builds your case to Delaware’s rules, drafts every letter for your approval, tracks the deadlines, and only pings you when there’s a decision to make.

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Delaware injury claims — common questions

Is Delaware a no-fault state?: Yes. Delaware is a no-fault state, which means your own Personal Injury Protection (PIP) coverage pays for your medical bills and certain losses first, regardless of who caused the crash.
What is Delaware's fault rule for a car accident?: Delaware follows modified comparative — 51% bar. You can recover only if you were 50% or less at fault; your award is reduced by your share.
How long do I have to file an injury claim in Delaware?: In Delaware the statute of limitations for a personal-injury claim is generally 2 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.

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All Delaware accident-claim rules · Other states

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This page summarizes Delaware’s car-accident claim rules for general information — it is not legal advice, and the rules can change. What applies to your claim depends on your policy and the specific facts.