🏛️ Four Delaware Offices — Wilmington · Smyrna · Georgetown · Lewes
Free Consultations: (302) 984-1000   |   No Fee Unless You Recover

Do I Need Uninsured Motorist Coverage in Delaware: A Clear Answer From Delaware Injury Attorneys

Quick AnswerUninsured motorist (UM) coverage is one of the most important coverages on a Delaware auto policy. It pays when an uninsured or hit-and-run driver causes your injuries. Under 21 Del. C. § 2118, every Delaware policy must include UM coverage unless you reject it in writing. Most drivers should keep it — and consider higher limits.

Even with mandatory liability insurance, thousands of Delaware drivers operate without coverage at any given time. UM coverage is your safety net when the other driver has no insurance, not enough insurance, or vanishes from the scene.

The Detailed Answer

What UM and UIM Coverage Pay For

Uninsured motorist coverage may pay for bodily injuries when the at-fault driver has no liability insurance or cannot be identified. Underinsured motorist (UIM) coverage may pay when the at-fault driver’s policy is too small to cover your damages. Together they may pay medical bills beyond PIP, lost wages, pain and suffering, and other damages.

Hit-and-Run Coverage

Delaware UM coverage generally treats hit-and-run drivers as uninsured. If a phantom vehicle runs you off the road or strikes you and flees, your UM coverage may step in.

Why Higher Limits Matter

State minimum limits are often inadequate for serious injuries. A single overnight hospital stay may exceed $30,000. Surgery, rehab, and lost income may push damages into six figures quickly. Higher UM/UIM limits generally cost only a small amount more per month and may dramatically expand your recovery options.

Stacking and Multiple Vehicles

Delaware law has specific rules about stacking UM/UIM coverage across multiple vehicles in the same household. The applicable rules depend on the policy language and the date of the policy. A lawyer may be able to identify available coverages you did not know existed.

What This Means for Your Case

If you were already injured by an uninsured or underinsured driver, the time to act is now. Joseph M. Jachetti’s decade as an insurance claims adjuster before becoming a Delaware personal injury lawyer means he understands how carriers handle (and limit) UM/UIM payouts. If you are simply reviewing your coverage, the takeaway is straightforward: do not reject UM coverage and consider buying more than the minimum.

Related Questions

Q: Is UM coverage required in Delaware?

It is required to be offered. You may reject it in writing under 21 Del. C. § 2118, but doing so leaves you exposed.

Q: Can I use UM coverage if I was a passenger?

Often yes. Read more about passenger claims in Delaware.

Q: What is the difference between UM and UIM?

UM applies when the at-fault driver has no insurance. UIM applies when their insurance is not enough to cover your damages.

When to Talk to a Delaware Personal Injury Lawyer

UM and UIM disputes often involve close reading of policy language, stacking analysis, and aggressive negotiation with your own insurer. The Delaware auto accident team at Schuster Jachetti LLP may be able to help you identify and pursue every applicable coverage. Learn about Joseph M. Jachetti and his insurance industry background.

Free Consultation

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

📞 Call (302) 984-1000

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

Have a Question About Your Case?

Get a free, confidential consultation with a Delaware attorney.

📞 Call (302) 984-1000
Joseph M. Jachetti
Reviewed by Joseph M. Jachetti Delaware Bar #003744 · Licensed December 1998 · Status: Active
📞 Call Now Free Case Review