Yes, Delaware is commonly described as a no-fault state because drivers are required to carry Personal Injury Protection (PIP) coverage. After an accident, PIP can pay certain injury-related expenses regardless of who caused the collision.
But Delaware’s system is sometimes misunderstood. No-fault insurance doesn’t mean the driver who caused the crash cannot be held responsible. You may still be able to pursue a claim against an at-fault driver for damages beyond those covered by PIP.
Understanding how these two parts of Delaware law work together can make the insurance process considerably less confusing after an accident.
What Is PIP Insurance in Delaware?
PIP is insurance designed to provide relatively immediate benefits following a motor vehicle accident without requiring you to first establish another driver’s negligence.
Delaware requires motor vehicle owners subject to its insurance law to maintain PIP coverage. Under Delaware Code § 2118, that coverage includes reasonable and necessary expenses incurred within two years after an accident for specified accident-related losses.
Depending on circumstances and applicable policy, PIP benefits can include expenses such as:
- Medical, hospital, dental, surgical, and related treatment costs
- Lost earnings resulting from accident-related injuries
- Certain additional expenses recognized under Delaware’s PIP law
Because PIP is no-fault coverage, benefits can be available even when the insured person contributed to causing the accident.
How Does PIP Work After an Accident?
Suppose another driver runs a red light and crashes into your vehicle. You suffer injuries requiring emergency treatment and several weeks away from work.
Rather than waiting for the other driver’s insurer to accept liability before addressing qualifying medical expenses and lost earnings, a PIP claim can provide coverage regardless of who ultimately caused the collision.
This is the central purpose of Delaware’s no-fault system: addressing certain immediate economic consequences of an injury without first requiring a lengthy dispute over liability.
Can You Still Sue the Driver Who Caused the Accident?
Yes. This is where Delaware differs from some other no-fault systems.
The state’s PIP requirement doesn’t generally impose a “serious injury” threshold that you need to satisfy before pursuing a negligence claim against an at-fault driver. A person injured because of another driver’s negligence may therefore be able to pursue additional damages that aren’t compensable through PIP.
Depending on the case, a personal injury claim could seek compensation for pain and suffering and other legally recoverable losses. The same expenses generally can’t simply be recovered twice through both PIP and a liability claim.
Does Fault Still Matter in Delaware?
Absolutely. PIP benefits may be paid without regard to fault, but fault remains extremely important when pursuing damages against another driver.
Delaware follows a modified comparative negligence rule. An injured person can recover damages when their negligence isn’t greater than the negligence of the defendant or combined defendants, but the recovery is reduced according to their percentage of fault.
For example, if you were found 20% responsible for an accident and another driver was 80% responsible, your recoverable damages in the negligence action would generally be reduced by 20%. If your responsibility were greater than the defendant’s or combined defendants’ responsibility, Delaware’s rule could prevent recovery.
PIP Doesn’t Cover Everything
Another common misconception is that since Delaware requires PIP, all losses resulting from an accident will be paid by your own insurer.
PIP is primarily concerned with specified injured-related economic losses. It doesn’t substitute for every other form of automobile insurance or compensation. For example, pain and suffering is fundamentally different from the medical expenses and lost earnings addressed through PIP.
Property damage also involves separate insurance considerations rather than simply falling under the same no-fault injury benefits.
Why Legal Guidance Matters
Delaware’s system can be confusing because no-fault PIP coverage and fault-based personal injury claims can exist alongside each other. Understanding which insurer should pay which losses, and whether additional compensation can be recovered from the responsible driver, may become especially important after a serious injury.
Working with Nitsche & Fredricks LLC can help injured Delaware motorists evaluate available insurance coverage, establish responsibility for the collision, and pursue compensation beyond PIP when a personal injury claim is supported.
