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Auto Accident Attorney in Delaware

Auto Accident Attorney in Delaware

Delaware is a “comparative fault” state. In Delaware, every auto driver is financially liable for any accident in which they are deemed to be more than 50% at fault. Drivers are required under Delaware State Law to purchase Auto Accident Insurance Liability Insurance to offset this risk.

Delaware has the highest rate of road death fatalities in the United States. With Auto Insurance premiums at an all-time high and no end to the road chaos, there is plenty of work for the estimated 1,265 Auto Accident Attorneys in Delaware.

Minimum Delaware Car Insurance Cover

Delaware auto drivers are required by State Law to hold the following auto insurance cover as a minimum: Bodily Injury Liability: $30,000 per person and $60,000 per accident. Property Damage Liability: $25,000. Personal Injury Protection (PIP): $2,500.

These are the minimum amounts required under Delaware State Law and most auto insurance policy holders opt to increase their level of Auto Accident Insurance cover with the following optional Delaware insurance extras

  • Liability Coverage
  • Collision and Comprehensive Coverage
  • Medical Payments and Personal Injury Protection (PIP) Coverage
  • Uninsured/Under-insured Motorist Coverage
  • Mexico Coverage
  • Rental Reimbursement and Towing Coverage
  • Negligence Law

Who Pays in a Car Accident in Delaware

Delaware is a “comparative fault” State. This means you are financially liable for any accident in which you are deemed to have caused by being more than 50% at fault. If the other party is deemed to be more than 50% at fault it is their insurance policy that must pay compensation.

Depending on your level of cover you can be sued personally if an award is made against you that’s above your auto insurance policy limits

Who does an Auto Accident Attorney in Delaware Sue?

Delaware is a highly litigious state with the worst accident injury rates in the whole of the United States. An auto accident attorney can be hired to sue:

  • another party if you believe they have caused you injury
  • your own insurance company to maximize a direct compensation payout
  • an auto accident attorney in Delaware can also defend you against criminal charges

How many Auto Accidents in Delaware

Over 3,700 people are killed in auto accidents in Delaware each year, with an average year on year increase of 7.3% in motor vehicle traffic fatalities, according to the Delaware State Government

The fatality rate on Delaware roadways for 2018 was 1.44 deaths per hundred million vehicle miles traveled. Representing a 2.12% decrease from 2017.

254,415 persons were injured in motor vehicle accidents in Delaware last year. Pedestrian fatalities totaled 699 in 2018. This is a 8.11% year on year decrease.

Road Deaths in Delaware 2019

  • 1 person is killed every 2 hours and 28 minutes
  • 1 person is injured every 2 hours and 11 minutes
  • 1 auto accident occurs every 42 seconds in Delaware
  • 568 motorcyclists killed in 2017. 52% were not wearing helmets
  • Delaware saw 565 people killed in head-on collisions in 2018.
  • There were no deathless days in Delaware roads last year.
  • July was the deadliest month with 388 persons killed in Auto Accidents in Delaware

What do you do after a car accident in Delaware?

Experiencing an auto accident is a stressful time. Thoughts become irrational as the adrenaline kicks in, helping accident victims deal with these hugely stressful incidents. These are the 8 things to do immediately following an auto accident in Delaware.

  1. Check for injuries and stay calm
  2. Dial 911 for the emergency services
  3. Do not leave the scene of the accident
  4. Follow police instructions but do not admit guilt or answer questions
  5. Gather information, shoot video and take photos
  6. Call your insurance company
  7. Follow medical instruction
  8. Contact an auto accident attorney in Delaware

Is Delaware a Litigious State for Auto Accidents

Court Cases involving an Auto Accident Attorney in Delaware made up the largest share of the Delaware Court system costs, according to the State Government.

There are over 1,200 Auto Accident Attorneys in Delaware with specializations including

  • Small vehicle accident attorney
  • Truck Accident Attorney in Delaware
  • Delaware Auto Accident Attorney Generalist
  • Delaware Insurance Auto Accident Attorney
  • Personal Injury Attorney in Delaware
  • Commercial Vehicle Auto Accident Attorney in Delaware
  • Uber Auto Attorney in Delaware
  • Lyft Auto Accident Attorney in Delaware

Delaware Statute of Limitations in Auto Accidents

The statute of limitations for a car accident in Delaware is two years from the date of the car accident (Sec. 16.003). The Delaware two-year statute of limitations applies to all claims made by drivers, passengers, pedestrians, truck drivers and motorcyclists. The clock starts ticking on the day of the accident and not the day you consult an auto accident attorney in Delaware.

How long does an insurance company have to settle a claim in Delaware?

  1. Your insurance company must acknowledge your claim within 15 working days
  2. Within this 15 day they should request any further information from you
  3. Insurance companies in Delaware may extend this 15 days by a further 45 days and inform you of their reason
  4. Generally, if an insurance company extends the 15-day time frame clients will consult an auto accident attorney in Delaware.
  5. There is no time frame for your insurance company to settle the claim. On average it takes between 3 and six months.
  6. Once approved, your claim must be paid within 5 days
  7. If the claim involves a weather event or natural disaster a Delaware insurance company may take 45 additional days to approve or deny your claim and 15 additional days to pay your claim.
  8. An auto accident Attorney in Delaware may help speed up your compensation payout, or may delay proceedings to maximize your payout.

How much car insurance do I need in Delaware?

  • Bodily Injury Liability: $30,000 per person
  • $60,000 per accident
  • Property Damage Liability: $25,000
  • Personal Injury Protection (PIP): $2,500.

These are not high minimums. In a more severe auto wreck accident, the Delaware Statutory minimum insurance levels may prove to be inadequate.

If you are judged to be more than 50% at fault in a Delaware car accident the other side may hire an attorney to personally sue you for any difference between their financial compensation award and the insurance policy limits.

Is Delaware a no-fault state

Delaware is not a no-fault state. Some states in the USA require a no-fault insurance policy, often known in Delaware as PIP.  Every driver in Delaware is required to hold auto insurance to cover expenses for the other driver in the event of an accident.

Insurance Payout Limits in Delaware for Personal Injury

Delaware uses 50 percent modified comparative negligence laws, so the court decides how much each party in an accident is at fault. You can claim damages from the other party if your level of fault does not exceed theirs.

However, your damages will be also be reduced according to your apportioned level of fault.

Delaware Auto Attorney Insurance Claims Rights

According to the Delaware Bill of Consumer Rights (Order No. 12-0862), you have the right to be treated fairly, honesty and with respect when you make a claim. If you believe you are being treated unfairly by your insurance company, make a complaint to the TDI in Delaware and consult an auto accident attorney in Delaware with immediate effect.

Over 72% of Auto Accident Attorneys in Delaware are hired to fight an individual’s own insurance company for a better deal.

Delaware State Auto Accident Demographics

Delaware (/ˈdɛləwɛər/ (listen)) is one of the 50 states of the United States, in the South-Atlantic or Southern region. It is bordered to the south and west by Maryland, north by Pennsylvania, and east by New Jersey and the Atlantic Ocean. The state takes its name from Thomas West, 3rd Baron De La Warr, an English nobleman and Virginia’s first colonial governor.

Delaware occupies the northeastern portion of the Delmarva Peninsula and some islands and territory within the Delaware River. It is the second smallest and sixth least populous state, but the sixth most densely populated. Delaware’s largest city is Wilmington. The state is divided into three counties, the lowest number of any state. From north to south, they are New Castle County, Kent County, and Sussex County. While the southern two counties have historically been predominantly agricultural, New Castle County is more industrialized.

Before its coastline was explored by Europeans in the 16th century, Delaware was inhabited by several groups of Native Americans, including the Lenape in the north and Nanticoke in the south. It was initially colonized by Dutch traders at Zwaanendael, near the present town of Lewes, in 1631. Delaware was one of the 13 colonies participating in the American Revolution. On December 7, 1787, Delaware became the first state to ratify the Constitution of the United States, and has since been known as “The First State”.

Can someone sue you for a car accident if you have insurance in Delaware?

If your insurance policy does not cover the amount awarded to the other party you may find yourself in a lawsuit regardless of whether you held car insurance. For this reason many auto accident attorneys advocate the purchase of premium cover and under-insurance ‘gap’ policies.

Do I call my insurance if it’s not my fault?

You must report any damage to your vehicle or personal injuries to yourself or others to your insurance provider immediately. Your insurance company will help file a claim against the other party and start the process of compensation.

Also contact an auto accident attorney in Delaware for a Free Consultation and Claim Evaluation

How long do you have to file an accident report in Delaware?

You must file an accident report with the Delaware Department of Transport within 10 days of the auto accident. The report should be on form CR-2 available here and can be filed by you, your insurance company or your auto accident attorney in Delaware

Do I need an Auto Accident Attorney in Delaware?

An Auto Accident Attorney is not required for every case. For example, cases with minor injuries, soft tissue damage or ‘fender benders’ may not require a specialist auto accident attorney in Delaware.  In more severe personal injury cases you need an expert specialist attorney to protect your interests, regardless of whether you have one appointed for you by your insurance company.

Average Auto Accident Payout in Delaware

The average car accident compensation settlement in Delaware is $22,887 in 2018, according to the Delaware bureau of Statistics. The average auto accident payout by using an auto accident attorney in Delaware was $44,887.

Hit by a Drunk Driver in Delaware

In the United States 32 people die every day from vehicle accidents that involve a drunk driver. A drunk driver could face criminal charges from the state of Delaware and civil charges from the injured parties.

Convictions for criminal charges can result in fines, jail, rehab and community service. A civil Court case could force the drunk driver to financially compensate victims.

If you’ve been hit by a drunk driver in the State of Delaware check out our list of Auto Accident Attorneys in your area who are experts at DUI auto accidents.

Delaware is a pure negligence state and you are free to lodge a lawsuit against a drunk driver who caused you or a loved one personal injury.

Filing a civil lawsuit in Delaware against a drunk driver will require that you prove them responsible for your injuries. An experienced auto accident attorney in Delaware will need to demonstrate beyond reasonable doubt that:

  1. The other driver owed you a duty of safe travel as you shared the road.
  2. The driver breached his or her duty by an act of negligence (e.g. drunk driving).
  3. The driver’s negligent act caused injury to you in the form of a car accident
  4. The injuries caused you to suffer specific, quantifiable damages.

Take our online Compensation Checker to find out from an auto accident attorney in Delaware how much compensation you could expect if you’ve been injured by a drunk driver.

Car Accident Lawyer in Delaware

What Damages can I claim for after a Delaware Car Accident?

  • Medical Costs
  • Lost Wages
  • Pain & Suffering
  • Diminished Earning Capacity
  • Non-economic Damages

How do I calculate Pain and Suffering in Delaware

Delaware uses a multiplier to work out the amount of compensation to be paid as a result of pain and suffering. For example, if your case is worth $40,000 in specific damages, but your pain and suffering has a multiplier of five for temporary brain damage, the total amount payable will be $200,000 in non-economic damages.

Will an Auto Accident Attorney in Delaware increase my Pain and Suffering Payout

An experienced auto accident attorney in Delaware will be instrumental in pushing up both specific damages and the pain & suffering multiplier. As can be seen in the example, both elements are key to securing the financial compensation package you deserve.

Average Whiplash Settlement in Delaware

Delaware does not have whiplash settlement guidelines though mild to moderate whiplash claims can result in a compensation payout from $2,500 to $10,000 worth of compensation. For severe whiplash claims in Delaware, expect this figure to rise over the $22,000 level.

Can I Sue Uber or Lyft in Delaware

If you’ve sustained injuries in an Uber, Lyft or other ride-sharing accident you may be entitled to financial compensation from the “at-fault” driver and their insurance company.

If your accident involved an Uber, Lyft or ride share driver who was “on-the-clock” when the accident occurred, you likely won’t make a claim on the driver’s own insurance policy. Instead, the insurance policies of the ride share companies should cover your personal injuries and damages.

Take the following steps if you’ve been involved in an accident with an Uber, Lyft or Ride share Driver either as a passenger or other road user.

  1. Report your Accident Immediately to Police and Uber. File an insurance claim directly with Uber.
  2. Seek Medical Attention. Some injuries can take days or weeks to become fully apparent and a proper diagnosis will help to strengthen your compensation case.
  3. Speak to an auto accident Attorney in Delaware for a free consultation

Where do most Auto Accidents happen in Delaware

According to the Delaware Department of Transport most recorded car incidents requiring the use of an auto accident attorney in Delaware happen in the following places:

(List of all areas in Delaware with more than 40,000 people)

Get an Auto Accident Lawyer in Delaware because the State Legal System is Complex

The Delaware legal system is complex and navigating Delaware personal injury law is not something which can be mastered while focusing on your own rest, recovery and rehabilitation. Using an auto accident Attorney in Delaware should help reduce stress and maximize your financial compensation payout.