Discovering that the driver who hit you has no insurance can feel devastating. You are already dealing with injuries, vehicle damage, and lost time at work. The good news is that Delaware law generally provides a pathway to recovery through your own auto policy, even when the at-fault driver carries no insurance at all.
The Detailed Answer
Delaware Uninsured Motorist (UM) Coverage
Under 21 Del. C. § 2118, every auto insurance policy issued in Delaware must include uninsured motorist coverage unless the named insured rejects it in writing. UM coverage steps into the shoes of the at-fault driver and may pay for your bodily injuries, pain and suffering, and in some cases property damage when the responsible party has no liability insurance.
Personal Injury Protection (PIP) Pays First
Delaware is a no-fault state for medical bills and lost wages up to your PIP limits. Your own PIP coverage (minimum $15,000 per person) generally pays first regardless of who caused the crash. Once PIP is exhausted, your UM coverage may cover additional damages.
Steps to Take Immediately
- Call 911 and request a police report.
- Photograph the scene, vehicles, license plates, and any visible injuries.
- Get names and phone numbers of witnesses.
- Seek medical care the same day, even if you feel “okay.”
- Notify your own insurance carrier promptly to preserve UM rights.
- Do not give a recorded statement to any insurer until you have spoken to a lawyer.
What This Means for Your Case
Many Delaware drivers do not realize their own policy may be the most important piece of the puzzle when the at-fault driver is uninsured. Joseph M. Jachetti spent 10 years as an insurance claims adjuster before becoming a Delaware personal injury lawyer, and he understands how carriers evaluate UM claims. UM disputes often hinge on policy language, stacking rules, and proof of fault, so early documentation may be critical.
Related Questions
Q: Does my UM coverage apply if I was a passenger?
Often yes. If you were a passenger in a Delaware car accident, the UM coverage on the vehicle you occupied — and sometimes your own household policy — may respond.
Q: What if it was a hit-and-run driver?
Delaware UM coverage generally treats hit-and-run drivers as uninsured, allowing you to pursue your own UM benefits.
Q: Will my insurance rates go up if I use my UM coverage?
Delaware law generally prohibits insurers from raising rates solely because you used UM benefits for an accident that was not your fault. Your lawyer can confirm based on your specific policy.
When to Talk to a Delaware Personal Injury Lawyer
UM claims are filed against your own carrier, but make no mistake — they are still adversarial. The insurer wants to pay as little as possible. If you are facing an uninsured driver and unsure of your next move, the team at Schuster Jachetti LLP may be able to help you understand your options. Learn more about attorney Joseph M. Jachetti and his decade of insurance industry experience.
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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.