Even when the at-fault party has no personal assets, Delaware injury victims often recover through insurance coverage, employer liability, or their own underinsured motorist policy. Judgment liens may also attach to future income or real estate. A thorough investigation often reveals coverage and recovery sources beyond the defendant’s personal wealth.
One of the most common worries Delaware injury victims raise is whether suing a defendant with no money is worth the effort. The answer often surprises clients: even “poor” defendants frequently have insurance, employer coverage, or other sources of recovery that make a lawsuit worthwhile.
The Detailed Answer
A skilled investigation evaluates all potential recovery sources before deciding to file or settle.
Insurance Coverage
Most defendants have insurance even if they lack personal wealth. Delaware drivers must carry minimum auto liability of $25,000/$50,000 under 21 Del. C. § 2118. Homeowners’ policies cover most premises liability claims. Business policies cover commercial defendants. The lawsuit is generally paid by the insurance carrier up to policy limits.
Employer or Vicarious Liability
If the defendant was acting within the scope of employment, the employer may be liable under respondeat superior. Employers typically have substantial commercial coverage. See also vicarious liability principles.
Your Own Underinsured Motorist Coverage
If your damages exceed the at-fault driver’s coverage, your own underinsured motorist (UIM) policy may provide additional benefits. See uninsured motorist claims.
Other Defendants
Often more than one party shares fault. A bar that overserved a drunk driver, a property owner with a defective sidewalk, a manufacturer of a defective product — these additional defendants often have substantial assets or insurance. Delaware’s joint and several liability rules govern allocation.
Personal Assets and Judgment Liens
If insurance is inadequate, plaintiffs may pursue personal assets. Delaware judgments are enforceable for 10 years and may be renewed. Tools include writs of execution against bank accounts and personal property, wage garnishment under 10 Del. C. § 4913 (with statutory limits), and judgment liens against real estate.
What This Means for Your Case
An experienced Delaware injury attorney investigates all potential coverage and asset sources before advising on case value. Many clients who assume their case is worthless because the defendant “has nothing” are pleasantly surprised by available insurance or third-party defendants. Read more about auto accident claims and premises liability.
Related Questions
Q: What if the defendant declares bankruptcy?
Personal injury claims are generally dischargeable in bankruptcy except for intentional torts and DUI cases. However, insurance proceeds remain available regardless of bankruptcy.
Q: Can I garnish wages in Delaware?
Yes, with statutory limitations. Delaware allows garnishment of up to 15% of disposable earnings under 10 Del. C. § 4913.
Q: How long does a Delaware judgment last?
Delaware judgments are valid for 10 years and may be renewed. They remain enforceable as the defendant’s circumstances change.
When to Talk to a Delaware Personal Injury Lawyer
Investigating coverage and recovery sources is one of the most valuable services a Delaware personal injury attorney provides. With 10 years of prior experience as an insurance claims adjuster before becoming an attorney, Joseph M. Jachetti has experience identifying coverage sources Delaware claimants often overlook. Free consultations: (302) 984-1000.
Free Consultation
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📞 Call (302) 984-1000
This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.
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📞 Call (302) 984-1000
This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.