Accident Settlement Calculator

Home › States › Delaware

Delaware Car Accident Settlement Calculator

In Delaware, you generally have 2 years to file an injury lawsuit, you recover nothing if more than 50% at fault, and drivers must carry at least $25,000/$50,000 in injury liability. Enter your numbers below to see what a Delaware claim may be worth and what you would actually take home.

1

Your accident

How serious is the injury?
2

Your costs so far

That's all you need for a first estimate. Rough numbers are fine.

Optional: make the estimate more accurate fault, insurance, lawyer fee
3

Fault and future costs

4

Insurance

5

What comes out of it

Delaware rules in 30 seconds

If you were partly at faultYou get nothing if you are more than 50% at fault
Details & exceptions

Delaware uses modified comparative negligence: an injured person can recover as long as their negligence 'was not greater than the negligence of the defendant or the combined negligence of all defendants' (so 50 percent or less), with damages reduced by their percentage of fault. At 51 percent or more, they recover nothing (10 Del. C. 8132). No 2023-2026 change was found.

Compare fault rules in all states →
Deadline to file a lawsuit2 years from the accident
Details & exceptions

10 Del. C. 8119: claims for personal injuries must be brought within 2 years from the date the injuries were sustained. 10 Del. C. 8107: 2 years for wrongful death and for 'injury to personal property' (so vehicle damage is 2 years). Claims against counties, municipalities and other political subdivisions under the County and Municipal Tort Claims Act are capped at $300,000 for all claims arising out of a single occurrence, unless the subdivision bought more insurance (10 Del. C. 4013).

Compare deadlines in all states →
Other driver's minimum insurance$25,000 per person, $50,000 per accident
Details & exceptions

Property damage minimum: $10,000. 21 Del. C. 2118(a)(1) requires liability coverage at the Financial Responsibility Law limits in 21 Del. C. 2902(b)(2): $25,000 bodily injury/death of one person, $50,000 for two or more persons, and $10,000 property damage per accident. HB 114 (81 Del. Laws c. 39, signed June 13, 2017) raised these from 15/30/5, effective December 13, 2017 for new and renewed policies (Delaware Department of Insurance Auto Bulletin No. 25). HB 333 (2018) raised the combined single limit to $60,000. Section 2118 also requires PIP of at least $15,000 per person / $30,000 per accident and $10,000 coverage for damage to property other than vehicles. Under 2118(h), an injured person may not plead or introduce into evidence against the at-fault driver damages that PIP covers (whether or not the benefits are actually recovered), so medical bills and lost wages up to the PIP limits come out of the injury claim. No 2023-2026 change to the minimums was found (a 2025 legislative task force, SCR 111, studied auto insurance costs).

Compare minimums in all states →
Who pays your medical billsThe at-fault driver's insurance; your own PIP can pay first if you have itSee all no-fault states →
Cap on pain and sufferingNo cap for typical car accident claims
Details & exceptions

No general cap for typical car accident injury claims. Delaware has no statutory cap on noneconomic damages in car-accident cases against private defendants. Exception: claims against counties, municipalities and other political subdivisions are capped at $300,000 per occurrence for all damages, unless the subdivision carries more insurance (10 Del. C. 4013). Damages payable by mandatory PIP cannot be claimed against the tortfeasor (21 Del. C. 2118(h)).

Uninsured motorist coverageOptional
Details & exceptions

18 Del. C. 3902(a): auto liability policies must include uninsured/underinsured vehicle coverage (bodily injury and personal property damage) at least at the financial responsibility minimums (25/50/10), but it is not required when rejected in writing by a named insured on the insurer's form (3902(a)(1)). UM property damage carries a $250 deductible unless otherwise agreed (3902(a)(2)).

Worked example: a typical Delaware car accident claim

Another driver turned left into you at an intersection in Delaware: $15,000 in medical bills, $5,000 in lost wages and a moderate injury that healed in a few months. The insurer says you were 20% at fault for speeding slightly, the other driver has a $100,000 policy, and your lawyer takes 33%.

  1. Economic damages$20,000Medical bills + expected future treatment + lost wages.
  2. Pain and suffering$20,000 – $40,000Multiplier method: economic damages × 2–3 for a moderate injury, minus the economic part itself.
  3. Total claim value$40,000 – $60,000Economic + pain and suffering.
  4. After your share of fault$32,000 – $48,000Delaware uses modified comparative negligence (51% bar): you recover nothing if you are 51% or more at fault; otherwise recovery is reduced by your 20%.
  5. Limited by available insurance$32,000 – $48,000At-fault policy limit $100,000 + your UM/UIM $0.
  6. Estimated take-home$20,440 – $31,160Minus attorney fee (33%), case costs and medical liens.

You would take home about $25,800 ($20,440 – $31,160), after the 33% fee and $1,000 in case costs.

Typical figures (midpoint of a moderate injury multiplier), no medical liens. Run your own numbersor see the same crash in every state.

How much time do you have to file?

General personal injury deadline only. It can be shorter for claims against a city, county or state agency (often a written notice within months), and longer for minors. Check with a lawyer before relying on it.

Deadline traps in Delaware

The 2-year lawsuit deadline is not the only clock. These are the ones people miss:

Crash with a government vehicle or on a public road1 year (City of Wilmington and local ordinances)

For City of Wilmington claims, written notice must go to the Mayor within 1 year of the injury. Other counties and towns may require notice by ordinance, but a notice given within 1 year cannot bar suit. No statewide notice rule for the State was found.

10 Del. C. 8124, Notice of claim against City of Wilmington (Delaware Code Online)10 Del. C. 4012-4013, County and Municipal Tort Claims Act (Delaware Code Online)

If the injured person is a child

Delaware courts have generally held that the 2-year injury deadline is not paused for children, so a parent or guardian should act within 2 years of the crash. A lawyer can confirm whether an exception applies.

10 Del. C. 8116 and 8119 (Delaware Code Online)Tilden v. Anstreicher, 367 A.2d 632 (Del. 1976)

How fast a Delaware insurer must respond

Delaware Regulation 902 requires insurers to acknowledge insureds' claim communications within 15 working days, begin investigating within 10 working days, and affirm or deny within 30 days of proof of loss (or explain why). No specific payment deadline.

18 Del. Admin. Code 902, Prohibited Unfair Claim Settlement Practices (Delaware Regulations archive)

If an insurer misses these deadlines, you can file a complaint with the state insurance department. Compare all states:insurance claim deadlines by state.

Next steps after a Delaware crash

Frequently asked questions

What is a typical car accident settlement in Delaware?
It depends on the bills, the injury and fault. Worked example: with $15,000 in medical bills, $5,000 in lost wages and a moderate injury, 20% of the fault, a Delaware claim against the other driver is worth about $40,000, and the injured person takes home about $25,800 after a 33% attorney fee and costs. At 51% fault, the same claim pays nothing in Delaware.
Is Delaware an at-fault or no-fault state for car accidents?
Delaware's car insurance system: At-fault with add-on PIP.
Is there a cap on pain and suffering in Delaware car accident cases?
No general cap for typical car accident injury claims. Delaware has no statutory cap on noneconomic damages in car-accident cases against private defendants. Exception: claims against counties, municipalities and other political subdivisions are capped at $300,000 per occurrence for all damages, unless the subdivision carries more insurance (10 Del. C. 4013). Damages payable by mandatory PIP cannot be claimed against the tortfeasor (21 Del. C. 2118(h)).
What happens if I was partly at fault for an accident in Delaware?
Delaware follows modified comparative negligence with a 51% bar: you recover nothing if you are 51% or more at fault, and otherwise your recovery is reduced by your percentage of fault.
How long do I have to file a car accident lawsuit in Delaware?
Generally 2 years for personal injury and 2 years for property damage. 10 Del. C. 8119: claims for personal injuries must be brought within 2 years from the date the injuries were sustained. 10 Del. C. 8107: 2 years for wrongful death and for 'injury to personal property' (so vehicle damage is 2 years). Claims against counties, municipalities and other political subdivisions under the County and Municipal Tort Claims Act are capped at $300,000 for all claims arising out of a single occurrence, unless the subdivision bought more insurance (10 Del. C. 4013).
What is the minimum car insurance in Delaware?
$25,000 per person and $50,000 per accident for bodily injury, and $10,000 for property damage. 21 Del. C. 2118(a)(1) requires liability coverage at the Financial Responsibility Law limits in 21 Del. C. 2902(b)(2): $25,000 bodily injury/death of one person, $50,000 for two or more persons, and $10,000 property damage per accident. HB 114 (81 Del. Laws c. 39, signed June 13, 2017) raised these from 15/30/5, effective December 13, 2017 for new and renewed policies (Delaware Department of Insurance Auto Bulletin No. 25). HB 333 (2018) raised the combined single limit to $60,000. Section 2118 also requires PIP of at least $15,000 per person / $30,000 per accident and $10,000 coverage for damage to property other than vehicles. Under 2118(h), an injured person may not plead or introduce into evidence against the at-fault driver damages that PIP covers (whether or not the benefits are actually recovered), so medical bills and lost wages up to the PIP limits come out of the injury claim. No 2023-2026 change to the minimums was found (a 2025 legislative task force, SCR 111, studied auto insurance costs).
What is the deadline to file a claim against the government in Delaware?
1 year (City of Wilmington and local ordinances). For City of Wilmington claims, written notice must go to the Mayor within 1 year of the injury. Other counties and towns may require notice by ordinance, but a notice given within 1 year cannot bar suit. No statewide notice rule for the State was found.
How long does an insurance company have to respond to a claim in Delaware?
Delaware Regulation 902 requires insurers to acknowledge insureds' claim communications within 15 working days, begin investigating within 10 working days, and affirm or deny within 30 days of proof of loss (or explain why). No specific payment deadline.

Related

Official sources