What Happens If the Person at Fault in an Accident Has No Insurance in Delaware?

Delaware employs a hybrid auto liability system. For personal injuries, it uses a no-fault framework: each driver's insurer pays the driver's medical bills and lost wages under Personal Injury Protection (PIP), regardless of fault (Delaware Code, Title 21, Section 2118). This arrangement delivers prompt payment for injury-related costs. Delaware applies a fault-based regime for property damage, meaning that the at-fault driver's liability insurance must cover the other party's vehicle or property repairs.

When a driver lacking insurance causes an accident, the situation becomes complicated. For injuries, the injured party turns to personal PIP benefits, which usually cover medical expenses and lost wages up to policy limits (minimum $15,000 per person, $30,000 per accident). Delaware law also permits victims to sue the uninsured driver for non-economic losses, such as pain and suffering, without thresholds that some no-fault states impose. For property damage, victims must rely on their own uninsured motorist property damage (UMPD) or collision coverage, if purchased, or pursue a civil lawsuit. Recovering funds in court may be more challenging if the uninsured driver lacks assets.

Driving without insurance violates Delaware traffic laws and is categorized under Delaware traffic violations and infractions. Penalties include fines, license and registration suspension, mandatory filing of financial responsibility forms (SR-22), and personal liability for all accident-related damages.

Is It Illegal To Drive Without Insurance In Delaware?

Yes. The Delaware legislature makes it illegal to drive without insurance. Delaware Code, Title 21, Section 2118 mandates that every registered vehicle carry minimum liability coverage. The Division of Motor Vehicles (DMV) enforces this law, requiring motorists to show evidence of insurance upon request by law enforcement or any party involved in an accident.

What Is the Minimum Insurance Requirement in Delaware?

Delaware specifies these minimum coverages for all registered vehicles (Delaware Code Title 21, Section 2118):

• Bodily Injury Liability: $25,000 per person; $50,000 per accident
• Property Damage Liability: $10,000 per accident
• Personal Injury Protection (PIP): $15,000 per person; $30,000 per accident, including up to $5,000 for funeral costs

Additionally, insurers must offer optional uninsured/underinsured motorist (UM/UIM) coverage, commonly $25,000 per person and $50,000 per accident for bodily injury, with property damage subject to a $250 deductible (Delaware Code, Title 18, Section 3902).

What To Do After A Car Accident With an Uninsured Driver in Delaware

After a car accident with an uninsured driver in Delaware, victims should follow these steps to protect their interests:

• Prioritize Safety: Move to a secure location and check for injuries.
• File a Report with the Police: Delaware law mandates reporting accidents causing injury, death, property damage over $2,000, or involving suspected intoxication (Delaware Code, Title 21, Section 4203). A police report notes the uninsured driver's status.
• Exchange Information: Gather the driver's name, address, and vehicle details.
• Document the Scene: Snap photographs or record videos of the accident site, vehicle damage, and injuries.
• Seek Medical Attention: Obtain a medical checkup to document injuries.
• Notify Insurer: Tell the insurance company about the accident so they can check PIP and UM coverage options.
• File DMV Report: Submit a crash report to the Delaware DMV if the accident involves injury, death, or significant property damage.
• Consult an Attorney: Look into legal courses for recovering damages that insurance doesn't cover.

What Happens If You Have No Insurance But The Other Driver Was At Fault?

An uninsured driver who proves another party's fault can still seek compensation from the at-fault motorist. However, driving uninsured violates Delaware Code, Title 21, Section 2118, and triggers fines and license suspension. Without PIP, the uninsured driver cannot claim medical costs or lost wages through insurance and must take the at-fault party to court for all damages. Establishing fault becomes crucial, and the absence of insurance may complicate settlement discussions or invite counterclaims.

Can I Sue an Uninsured Driver in Delaware?

Yes. Victims may take legal action against uninsured at-fault drivers for economic damages (such as property damage or medical expenses exceeding PIP limits) and non-economic damages (pain and suffering). Victims may file suits in the following courts:

• Justice of the Peace Court: Handles claims up to $25,000, ideal for smaller injury or damage claims.
• Superior Court: Manages claims above $25,000, ideal for more substantial losses.

However, enforcing a judgment may be problematic if the defendant has no assets.

Will My Insurance Cover Me If the At-Fault Driver Has No Insurance in Delaware?

Yes. For personal injuries, PIP coverage pays medical fees and lost wages up to the policy limits, no matter who is at fault. For property damage, uninsured motorist property damage (UMPD) coverage or collision coverage, if bought, can handle vehicle repairs or replacement. UMPD usually carries a $250 deductible and covers up to the vehicle's actual cash value (Delaware Code Title 18, Section 3902)

What Is Uninsured Motorist Coverage in Delaware?

Uninsured motorist (UM) coverage in Delaware, though optional, provides crucial protection against uninsured or underinsured drivers. It includes:

• Uninsured Motorist Bodily Injury (UMBI): This covers medical bills, lost wages, and pain and suffering.
• Uninsured Motorist Property Damage (UMPD): This pays for vehicle damage, subject to a $250 deductible unless modified.

Insurers must offer UM coverage matching the state's liability minimums ($25,000/$50,000 for bodily injury, $10,000 for property damage), though policyholders may reject it in writing. UM coverage also applies to hit-and-run cases or when an insurer refuses or fails to pay a claim.

What If I Don't Have Uninsured Motorist Coverage in Delaware?

When a victim has no uninsured motorist coverage in Delaware, they may seek compensation through these avenues:

• PIP Benefits: This covers medical bills and lost wages up to policy limits.
• Civil Lawsuit: Seeks compensation for property damage, pain and suffering, and economic losses beyond PIP.
• License Suspension Petition: If a judgment remains unpaid, victims may petition the DMV to suspend the at-fault driver's license (Delaware Code, Title 21, Section 2118).
• Victim Compensation Fund: Victims of hit-and-run or DUI crashes can apply to Delaware's Victims' Compensation Assistance Program (Delaware Code, Title 11, Chapter 90).

How Do I Get Compensation from an Uninsured Driver in Delaware?

Victims may get compensation from uninsured drivers in Delaware by filing a civil lawsuit against them. The process is as follows:

• File a Complaint: Submit allegations and damage requests to the appropriate court.
• Serve the Defendant: Deliver the complaint and summons to the defendant/respondent per court rules.
• Discovery Phase: Exchange evidence and depose witnesses.
• Negotiate or Trial: Attempt settlement or present the case at trial.

Courts enforce judgments via wage garnishment, bank levies, or property liens (Delaware Code, Title 10, Section 4701–4718). Retaining an attorney ensures proper procedural compliance.

How Much Can You Recover From an Uninsured At-Fault Driver in Delaware?

Delaware has no limit to the damages a victim can recover from an uninsured at-fault driver. Initially, the victim's PIP benefits or other applicable insurance will cover claims. Should the case proceed to litigation and result in a favorable judgment for the injured party, interest will accrue on the judgment at a rate of 5% above the Federal Reserve discount rate, including any surcharge, as outlined in 6 Del. C. § 2301(a). Nonetheless, the defendant's capacity to pay ultimately affects the final award.

How To Find Out If the At-Fault Driver Has Insurance in Delaware

Affected individuals can find out if an at-fault driver has insurance in Delaware via the following methods:

• Request insurance details at the scene.
• Review the police report, which often includes coverage information.
• Contact the Delaware DMV and follow its inquiry procedures.
• Use litigation discovery tools to confirm or challenge coverage.

Are Accidents Public Record in Delaware?

Yes. Delaware considers accident reports and court records as public records. Victims can obtain accident reports from responding agencies (e.g., Wilmington Police or Delaware State Police), and access court filings via the Delaware Judiciary's online system or at the presiding courthouse.

Can You Go to Jail for Causing an Accident Without Insurance in Delaware?

Driving without insurance in Delaware constitutes a civil offense that typically results in fines and license suspension (Delaware Code Title 21, Section 2118). However, criminal charges and jail time may apply if the accident involves DUI, serious injury, or death.

Can You Settle With an Uninsured Driver Out of Court in Delaware?

Yes. Delaware law gives room for binding out-of-court settlements with uninsured drivers, provided parties execute a written agreement under Delaware Code, Title 6, Chapter 27. Legal counsel helps ensure enforceability.

Can I Get Compensation If I Was Partially at Fault?

Yes. Under Delaware's modified comparative negligence rule (Delaware Code, Title 10, Section 8132), accident victims found complicit in their injury or loss may recover damages from the at-fault party. Still, the award will be reduced by their percentage of fault.