If you have been in a Delaware car accident, the insurance claim process can feel opaque. Adjusters use industry shorthand, paperwork piles up, and it is easy to lose track of who is doing what. Knowing the stages of a Delaware claim helps you make informed decisions and avoid common missteps that reduce the value of your case.
The Detailed Answer
Delaware auto insurance claims follow a fairly predictable path. Each stage has its own decisions, deadlines, and risks.
Step 1: Report the Claim
You generally need to report the accident to your own insurance carrier, even if the other driver was at fault. Most policies require prompt notice. You also have a claim against the at-fault driver’s liability carrier, which is typically opened by their insured or by your own carrier on your behalf.
Step 2: Adjuster Assignment
Each carrier assigns an adjuster who handles the file. There may be a property damage adjuster (for the vehicle), a PIP adjuster (for medical bills under your own policy), and a bodily injury adjuster (for injury claims against the at-fault driver). They are different people with different objectives.
Step 3: Investigation
The adjuster gathers the police report, photos, statements, and medical records. They may request a recorded statement, broad medical authorizations, and prior medical history. You are not required to give the at-fault driver’s adjuster a recorded statement, and broad authorizations should generally be limited to records relevant to the accident.
Step 4: Demand Letter
Once medical treatment is complete or has stabilized, your attorney (or you) sends a demand package to the at-fault driver’s carrier. The demand contains the medical records, bills, wage loss documentation, photographs, and a written argument for the value of the claim.
Step 5: Negotiation
The adjuster responds with an offer that is typically below the demand. Negotiation moves back and forth until the parties either agree on a number or hit an impasse. This is where adjuster tactics — delay, document requests, and lowball offers — are common.
Step 6: Settlement or Lawsuit
If the parties agree, you sign a release in exchange for the settlement amount. If not, the next step is filing a lawsuit. Once a complaint is filed, the case moves into litigation and the timeline lengthens significantly. See our guide to Delaware personal injury timelines.
Delaware-Specific Rules You Should Know
PIP (Personal Injury Protection)
Delaware drivers are required to carry PIP coverage of at least $15,000 per person and $30,000 per accident under 21 Del. C. § 2118. PIP pays medical bills and a portion of lost wages regardless of who caused the accident. PIP applies first, before health insurance and before the at-fault driver’s liability coverage.
Bodily Injury Liability Minimums
Delaware’s minimum auto liability limits are 25/50/10:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $10,000 for property damage
These are minimums. Many drivers carry higher limits, and serious injury claims often exceed the minimum policy.
Uninsured and Underinsured Motorist Coverage
If the at-fault driver has no insurance or not enough, your own UM/UIM coverage can fill the gap. UM/UIM is required to be offered in Delaware, and many drivers carry it without realizing how important it is in serious accident cases.
Financial Responsibility Law
Delaware’s financial responsibility statute under 21 Del. C. § 2118 sets the framework for required coverages and post-accident reporting. It also addresses what happens when an uninsured driver causes an accident.
What This Means for Your Case
Most Delaware car accident claims involve at least two parallel insurance tracks — your PIP and the at-fault driver’s liability coverage. Coordinating them is one of the more time-consuming parts of an injury claim. Errors at the PIP stage (such as missed treatment authorizations) can affect the larger liability claim later. Understanding the structure helps you avoid those errors.
Related Questions
Q: Should I use my own insurance or the other driver’s?
Both, in most cases. PIP and collision coverage from your own policy generally pays first for medical bills and vehicle repairs. The at-fault driver’s liability carrier is responsible for the larger bodily injury and pain and suffering claim, which is settled separately.
Q: What is subrogation?
Subrogation is the right of an insurance carrier (such as PIP or health insurance) to be reimbursed out of any settlement you receive from the at-fault driver. Delaware law has specific rules on PIP subrogation. Your attorney generally negotiates these reimbursements as part of the settlement.
Q: How long do I have to file a Delaware auto insurance claim?
Most carriers require prompt notice of the accident under the policy. The general statute of limitations for filing a lawsuit in Delaware is two years from the date of injury under 10 Del. C. § 8119.
Q: What if my PIP claim is denied?
PIP claims can be denied or limited based on causation disputes, treatment necessity, or alleged exclusions. Delaware has a specific PIP statute that governs disputes, and many denials are negotiable once the carrier is presented with appropriate medical documentation. Persistent denials may require litigation. Joseph M. Jachetti‘s background as a former adjuster is often useful in PIP disputes.
Q: Should I accept the first offer from the adjuster?
Generally, no. First offers are typically positioned at the low end of the carrier’s reserve range. Even reasonable carriers expect negotiation. Before accepting any offer, make sure you understand the full scope of your medical bills, future care needs, lost wages, and non-economic damages.
When to Talk to a Delaware Personal Injury Lawyer
Schuster Jachetti LLP has experience handling Delaware auto insurance claims on behalf of injured drivers and passengers, including cases involving catastrophic injuries and disputed coverage questions. Joseph M. Jachetti spent ten years as an insurance claims adjuster before becoming an attorney. If you would like an outside review of an offer or a claim that has stalled, free consultations are available with no obligation.
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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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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.