Personal Injury Protection (PIP) is mandatory no-fault auto insurance coverage in Delaware that pays medical bills and lost wages regardless of who caused the accident. Under 21 Del. C. § 2118, the minimum PIP coverage is $15,000 per person and $30,000 per accident. PIP applies to drivers, passengers, and pedestrians involved in Delaware auto accidents.
Delaware’s no-fault PIP system is one of the most important features of the state’s auto insurance scheme. PIP pays your initial medical bills and a portion of lost wages without waiting for a fault determination, helping injured Delawareans get treatment immediately.
The Detailed Answer
Delaware PIP is governed by 21 Del. C. § 2118 and related insurance regulations.
Mandatory Coverage
Every Delaware auto insurance policy must include PIP coverage. The statutory minimum is $15,000 per person and $30,000 per accident, with $5,000 of funeral coverage. Policyholders may purchase higher PIP limits, sometimes up to $100,000 or more.
Who Is Covered
PIP covers the named insured, household relatives, passengers in the insured vehicle, and pedestrians struck by the insured vehicle. Coverage applies regardless of who caused the accident.
What PIP Pays
PIP covers reasonable and necessary medical expenses, lost wages (typically subject to certain limits and replacement-rate calculations), funeral expenses, and substitute services (such as childcare or housekeeping when the injured person cannot perform those tasks). PIP does not pay for pain and suffering or property damage.
Time Limits
Delaware PIP claims must generally be made within statutory time periods. Bills must typically be submitted to the carrier within 90 days of treatment, with longer periods for ongoing care. Specific deadlines depend on the policy and statute.
PIP and Liability Claims
PIP and liability claims interact in important ways. PIP carriers may have subrogation rights or coordinated payment provisions. The interaction with the collateral source rule requires careful analysis.
Disputes and Bad Faith
When PIP carriers wrongfully deny or delay payment, Delaware law provides remedies including bad faith claims under appropriate circumstances. Disputes can be resolved through Delaware Department of Insurance procedures or litigation.
What This Means for Your Case
If you have been hurt in a Delaware auto accident, file a PIP claim immediately to cover initial medical bills and lost income while liability claims develop. Buying higher PIP limits at policy renewal is one of the most cost-effective insurance investments. Related: auto accident overview, uninsured motorist coverage.
Related Questions
Q: Does PIP pay even if I caused the accident?
Yes. PIP is no-fault — coverage applies regardless of who was at fault.
Q: Can I use PIP and health insurance?
Yes. PIP is typically primary for auto-accident-related medical bills. Health insurance may apply if PIP is exhausted.
Q: What if the at-fault driver was uninsured?
PIP applies regardless. You may also have an uninsured motorist claim for damages exceeding PIP.
When to Talk to a Delaware Personal Injury Lawyer
PIP claims and their interaction with liability and UM/UIM claims require experienced handling. With prior experience as an insurance claims adjuster, Joseph M. Jachetti has experience navigating Delaware PIP issues. Free consultations: (302) 984-1000.
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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.