Delaware Fault Rule
Modified Comparative Negligence (51% Bar) + Mandatory PIP ($15,000): Delaware enforces a 51% modified comparative negligence standard alongside mandatory No-Fault PIP ($15,000 per person / $30,000 per accident). Claimants can pursue third-party pain and suffering damages if fault is 50% or less.
Statute of Limitations
2 Years (10 Del. C. § 8132, 21 Del. C. § 2118 & 10 Del. C. § 8119): Claimants must finalize settlement agreements or initiate formal civil actions within 2 years of the collision date.
Statutory Insurance Minimums
25/50/10 ($25k bodily injury / $50k per accident / $10k property damage): These mandatory insurance minimums represent the maximum available coverage under standard policies unless the driver purchased higher optional coverage.
How Fault Apportionment Affects Claims in Delaware
When negotiating auto accident claims in Delaware, insurance adjusters calculate damages using an itemized formula that adds economic losses (medical bills, future treatment, lost earnings, property repair) to non-economic damages (pain and suffering, loss of enjoyment of life).
Under Title 10 Delaware Code § 8132, the contributory negligence of the plaintiff does not bar recovery if such negligence was not greater than the combined negligence of the defendants (50% or less). Under 21 Del. C. § 2118, personal auto insurance policies include mandatory PIP benefits covering medical bills and lost earnings up to policy limits regardless of fault. Delaware imposes a 2-year statute of limitations under 10 Del. C. § 8119. Understanding this threshold prevents accident victims from being pressured into unfair initial liability splits during adjusters' telephone recorded statements.