Delaware Car Accident Laws (2026)
Fact-checked by Claimelo's editorial team.
Quick answer
Delaware uses a tort system with add-on first-party benefits. state. Add-on state: Delaware requires first-party PIP benefits, while retaining tort claims against an at-fault driver. Modified comparative negligence (51% bar): you recover nothing if you are more than 50% at fault. You generally have 2 years to file an injury lawsuit.
Who pays after a crash in Delaware?
Add-on state: Delaware requires first-party PIP benefits, while retaining tort claims against an at-fault driver.
Auto-system source: NAIC 2022/2023 Auto Insurance Database Report, published 2025.
In practice: check the injured person's own policy promptly for PIP, medical-payments, wage-loss, or similar first-party benefits. Using those benefits generally does not replace a liability claim against the at-fault driver, but notice requirements and coordination rules vary.
What if you were partly at fault?
Modified comparative negligence (51% bar): you recover nothing if you are more than 50% at fault.
Comparative-fault reference: Justia 50-state survey, with links to the controlling statutes and cases. Claim-specific exceptions can apply.
Fault percentages are assigned by adjusters and, ultimately, juries: they are negotiable opinions, not facts. Evidence like photos, witness statements, and citations moves them.
Your filing deadline
The general reference period is 2 years for many injury claims: details and exceptions in the Delaware statute of limitations guide.
Your real case may be worth more.
Crashed in Delaware? Find out what your claim is worth under these rules: free, in minutes.
Get a free case reviewRun your numbers with the car accident settlement calculator or see average car accident settlements.
Frequently asked questions
Is Delaware a no-fault state?
Add-on state: Delaware requires first-party PIP benefits, while retaining tort claims against an at-fault driver.
Can I still recover if the crash was partly my fault in Delaware?
Modified comparative negligence (51% bar): you recover nothing if you are more than 50% at fault.
How long do I have to file after a car accident in Delaware?
Generally 2 years for injury claims. Claims against government entities can require notice within months.
General legal information, not legal advice. Claimelo is not a law firm. Laws and deadlines depend on your circumstances and may change. Consult a licensed attorney about your situation.