Comparative fault is one of the most common levers insurance carriers use to reduce settlement value. Even small percentages assigned to you may translate into significant reductions. Knowing how Delaware law handles fault may help you push back effectively.
The Detailed Answer
Modified Comparative Negligence
Delaware uses modified comparative negligence. If you are 50% or less at fault, you may recover your damages reduced by your percentage of fault. If you are 51% or more at fault, you generally recover nothing. The 50/50 line is critical, and carriers know it.
Common Fault-Shifting Tactics
- Claiming you were speeding, distracted, or following too closely.
- Pointing to your traffic citation, prior driving record, or social media.
- Alleging you failed to mitigate damages by delaying treatment.
- Arguing pre-existing injuries explain your symptoms.
- Pointing to seatbelt nonuse or other personal conduct.
How to Push Back
Evidence wins fault disputes. Police reports, witness statements, photographs, dashcam, surveillance footage, EDR data, and reconstruction engineers may all help. A demand letter that lays out the evidence in a structured way may shift the conversation.
Filing Suit
If the carrier refuses to budge, filing suit may be the answer. Discovery may produce evidence the carrier was hiding, and a jury — not the carrier — may ultimately decide percentages of fault.
What This Means for Your Case
Joseph M. Jachetti spent 10 years as an insurance claims adjuster before becoming a Delaware personal injury lawyer. He recognizes when fault claims are tactical versus when they reflect genuine factual disputes.
Related Questions
Q: How is fault proved?
See how to prove fault in a Delaware car accident.
Q: Can I still recover if I was partly at fault?
Yes, as long as you are not more than 50% at fault.
Q: What if I got a ticket?
See how Delaware traffic tickets affect your case.
When to Talk to a Delaware Personal Injury Lawyer
Fault disputes deserve a strong response. The Delaware team at Schuster Jachetti LLP may help. Read about Joseph M. Jachetti.
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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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📞 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.