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What Is PIP Coverage in Delaware: What Delaware Injury Victims Need to Know

Quick AnswerPersonal Injury Protection (PIP) is no-fault auto insurance required in Delaware under 21 Del. C. § 2118. PIP pays your reasonable medical bills, lost wages, and certain related expenses regardless of who caused the crash. The state minimum is $15,000 per person and $30,000 per accident, plus $5,000 for funeral expenses, but higher limits are available and often advisable.

PIP is one of the most misunderstood pieces of Delaware auto insurance. Knowing how it works may help you protect your finances after a crash and avoid costly mistakes with your medical providers and your insurer.

The Detailed Answer

What PIP Covers

  • Reasonable and necessary medical and hospital expenses.
  • Lost wages while you are unable to work due to crash injuries.
  • Replacement services for tasks you cannot perform.
  • Funeral expenses up to $5,000 per person in fatal cases.

Who PIP Covers

PIP generally covers the named insured, household relatives, passengers in the insured vehicle, and pedestrians struck by the insured vehicle. Coverage applies regardless of fault.

Minimum and Higher Limits

The Delaware minimum is $15,000 per person / $30,000 per accident. Many serious injuries blow through these limits in the first emergency room visit. Higher PIP limits, sometimes $50,000, $100,000, or more, are typically available for a small additional premium and may be one of the most cost-effective coverages on a policy.

Who Pays First

PIP is generally primary over health insurance for crash-related care, meaning your auto policy pays first. Once PIP is exhausted, health insurance, Medicare, or Medicaid may step in. After that, you may be able to pursue the at-fault driver’s bodily injury liability coverage for additional damages including pain and suffering.

What This Means for Your Case

PIP affects nearly every Delaware auto injury claim. Carriers sometimes deny treatment, delay payment, or send you to an “independent” medical exam to cut off benefits. Joseph M. Jachetti’s 10 years as an insurance claims adjuster before becoming a Delaware personal injury lawyer means he is familiar with the playbook insurers use to limit PIP exposure.

Related Questions

Q: Does PIP pay for pain and suffering?

No. PIP covers economic losses only. Pain and suffering damages generally come from the at-fault driver’s liability coverage or your UM/UIM coverage.

Q: Will using PIP raise my rates?

Delaware law generally prohibits raising rates solely because you used PIP for a not-at-fault crash.

Q: What if my medical bills exceed my PIP limits?

Health insurance, the at-fault driver’s liability policy, and your own UIM coverage may all come into play. See what happens when the insurance policy limit is too low.

When to Talk to a Delaware Personal Injury Lawyer

PIP disputes can be deceptively complex. The Delaware auto accident team at Schuster Jachetti LLP may be able to help you make sure your bills are paid, your wages are reimbursed, and your rights to additional compensation are preserved. Learn more about attorney Joseph M. Jachetti.

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

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