Delaware Hit-and-Run Accident Lawyer

Hit-and-run crashes are among the most frustrating events a person can experience on Delaware roads. The driver who caused the crash flees, leaving the injured person without an obvious source of recovery and without immediate accountability. The good news is that Delaware law and most auto insurance policies provide a path forward — uninsured motorist (UM) coverage frequently allows injured people to be compensated even when the at-fault driver is never found.

Schuster Jachetti LLP represents hit-and-run victims across Delaware. Joseph M. Jachetti has handled UM and UIM claims for more than 25 years and worked a decade in insurance claims adjusting before practicing law. He understands how carriers approach UM hit-and-run claims — and how to make sure they pay what they owe under the policy.

If you have been hurt in a hit-and-run in Delaware, you may be entitled to seek compensation through your own insurance and, if the driver is later identified, directly from them. The information below explains how these cases work.

How Hit-and-Run Accidents Happen in Delaware

Hit-and-run crashes happen in many forms — vehicle-on-vehicle, vehicle-on-pedestrian, and vehicle-on-cyclist. Common scenarios in Delaware include:

Sideswipes on I-95 and Route 1 where the at-fault driver continues without stopping
Pedestrian crashes in Wilmington, Newark, Dover, and the beach towns
Late-night and bar-closing-time crashes
Parking lot strikes at shopping centers along Route 13 and Route 202
Cyclist hits on Coastal Highway and on rural Sussex County roads

Common Injuries in Hit-and-Run Accidents

Whiplash and cervical injuries
Traumatic brain injury (TBI)
Spinal cord injury and paralysis (see our spinal cord injury page)
Fractures, especially in pedestrian and cyclist victims
Internal injuries
Road rash and lacerations
Psychological injuries including PTSD

Who May Be Liable for Your Hit-and-Run Accident

The hit-and-run driver, if identified — both criminally and civilly
The vehicle’s owner, if different from the driver
An employer if the fleeing driver was on the job
Your own auto insurance carrier under uninsured/underinsured motorist (UM/UIM) coverage

How Delaware Law Applies to Hit-and-Run Cases

Duty to remain (21 Del. C. § 4202): Delaware law requires drivers to stop after a crash, render aid, and exchange information. Leaving the scene is a crime and is also strong evidence of consciousness of fault in any later civil case.
Uninsured motorist coverage: Delaware auto policies generally include UM coverage that applies when the at-fault driver is unidentified. Strict notice and reporting requirements typically apply, so timing matters.
Modified comparative negligence (10 Del. C. § 8132): Recovery is barred only if the injured party is more than 50% at fault.
Statute of limitations (10 Del. C. § 8119): Most personal injury claims must be filed within two years.

Damages You May Be Able to Pursue

Past and future medical expenses
Lost wages and lost earning capacity
Pain and suffering (see our pain and suffering guide)
Property damage
Loss of consortium
Punitive damages, where the conduct supports them

We never promise a specific dollar amount.

How Insurance Companies Handle Hit-and-Run Cases

UM hit-and-run claims are made against your own carrier, but that does not mean the company is on your side. Insurers in UM cases evaluate the claim much like a third-party claim — questioning injuries, scrutinizing treatment, and contesting damages. They also impose strict timing and physical-contact requirements in some cases. Joseph Jachetti’s claims adjuster background means he understands how carriers handle UM files internally and how to make sure the claim is handled properly.

Steps to Take After a Hit-and-Run Accident in Delaware

Call 911 immediately and report the crash
Note any details you can remember about the fleeing vehicle — make, model, color, partial plate
Look for cameras at the scene — businesses, traffic signals, doorbell cameras
Get witness contact information
Accept medical evaluation
Promptly notify your own insurance carrier of the hit-and-run — UM coverage often has tight notice requirements
Do not give a recorded statement without legal advice
Contact a Delaware personal injury attorney

See our full post-accident guide.

Frequently Asked Questions

The driver fled — can I still recover?

Often yes, through your own uninsured motorist coverage. Notice timing is important.

How long do I have to file a hit-and-run claim in Delaware?

Most claims are subject to the two-year limit under 10 Del. C. § 8119, but UM policy notice requirements may apply much sooner. How Long Do I Have to File a Personal Injury Claim in Delaware.

What if the police identify the driver later?

You may pursue both the at-fault driver directly and your UM claim, depending on the facts and policy.

How much does a Delaware hit-and-run lawyer cost?

Schuster Jachetti LLP works on a contingency fee basis. How Does the Contingency Fee Work for Delaware Personal Injury Cases.

What is my hit-and-run case worth?

It depends on injuries, available UM coverage, and other factors. Read about how cases are valued.

Schuster Jachetti LLP Serves Delaware Clients Statewide

From our four Delaware offices — Wilmington ((302) 966-8684), Smyrna ((302) 775-0728), Georgetown ((302) 877-9524), and Lewes ((302) 527-9513) — we represent injured Delawareans across the state.

Talk to a Delaware Hit-and-Run Accident Lawyer Today

If you have been injured by a driver who fled the scene in Delaware, call us at (302) 984-1000 for a free consultation. Joseph M. Jachetti, Delaware Bar #003744, has handled cases like yours for over 25 years.

Free Hit-and-Run Accident Consultation

Free consultation. No fee unless we recover compensation for you.

📞 Call (302) 984-1000

Reviewed by Joseph M. Jachetti Delaware Bar #003744 · Licensed December 1998 · Status: Active

This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. Past results do not guarantee a similar outcome.

Talk to a Delaware Attorney