Delaware Uninsured Motorist Claim | UM/UIM Stacking Lawyer

When you are hit by an uninsured or underinsured driver in Delaware, your own insurance policy often becomes the source of compensation. Uninsured motorist (UM) and underinsured motorist (UIM) coverage steps in to pay for injuries that the at-fault driver cannot cover. Despite paying premiums for years, many Delaware drivers find that filing a UM/UIM claim against their own carrier becomes adversarial, with delays and disputes over coverage.

Joseph M. Jachetti, licensed in Delaware since December 1998 (Delaware Bar #003744), has experience handling UM/UIM claims. His 10-year prior career as an insurance claims adjuster informs how he reads policy language, applies stacking rules, and pushes back against carrier underevaluation.

How Uninsured Motorist Cases Happen in Delaware

Despite Delaware’s mandatory insurance requirements under 21 Del. C. section 2118, a meaningful percentage of drivers operate without coverage or with only state minimum limits that are exhausted by serious injury claims. Hit-and-run collisions are also treated as uninsured motorist scenarios when the at-fault driver cannot be identified. Common situations include phantom-vehicle collisions on I-95 and Route 1, hit-and-run pedestrian strikes, and crashes where the at-fault driver carries only minimum liability limits inadequate for the harm caused.

Common Injuries Triggering UM/UIM Claims

Traumatic brain injuries
Spinal cord injuries
Multiple fractures
Permanent disability
Wrongful death
Catastrophic injuries with future medical needs exceeding policy limits

Who May Be Liable

In a UM/UIM claim, the practical defendant is your own insurance carrier, which steps into the shoes of the at-fault driver. The at-fault driver remains technically liable, but the financial recovery comes from your UM/UIM coverage. In hit-and-run cases, the unidentified driver is the nominal defendant. If household members carry separate auto policies, those policies may also provide stacked UM/UIM coverage.

How Delaware Law Applies

Delaware requires liability minimums of $25,000 per person / $50,000 per accident under 21 Del. C. section 2118. UM/UIM coverage must be offered with the same limits as liability, but insureds may sign written waivers reducing or rejecting it.

Delaware permits stacking of UM/UIM coverage in certain situations, meaning if multiple vehicles are insured under the same household policy or under separate policies for resident relatives, those limits may stack to provide higher total coverage. Stacking analysis is fact-specific and depends on policy language, premium structure, and household composition.

The general statute of limitations for UM/UIM claims is generally two years under 10 Del. C. section 8119, though contractual notice provisions in the policy may impose earlier deadlines. PIP coverage under 21 Del. C. section 2118 still applies to medical and wage-loss benefits regardless of the other driver’s insurance status.

Damages You May Be Able to Pursue Through UM/UIM

Past and future medical expenses beyond PIP limits
Lost wages beyond PIP limits
Pain and suffering
Diminished future earning capacity
Loss of consortium
Wrongful death damages
Permanent impairment compensation

How Insurance Companies Handle These Claims

Joseph Jachetti’s 10-year background as an insurance claims adjuster informs how UM/UIM carriers approach these claims. Even though you pay premiums to the same insurer, the carrier becomes your adversary in a UM/UIM scenario. Common tactics include disputing whether the at-fault driver was truly uninsured, denying stacking, undervaluing pain and suffering, requiring exhaustive medical examinations, or contesting whether a hit-and-run actually involved a phantom vehicle. Some policies require arbitration rather than litigation, with specific procedural rules.

Steps to Take After a Crash with an Uninsured Driver

Call 911 and obtain a police report (essential in hit-and-run cases).
Get medical evaluation immediately.
Photograph the scene, vehicles, and any injuries.
Identify witnesses and obtain contact information.
Notify your insurance carrier of the loss but avoid recorded statements before consulting a lawyer.
Request copies of all household auto policies to evaluate stacking.
Preserve all medical records, bills, and wage-loss documentation.
Contact Schuster Jachetti LLP for a free consultation.

Frequently Asked Questions

How do I know if I have UM/UIM coverage?

Check your declarations page or call your agent. Delaware insurers must offer UM/UIM coverage at the same limits as liability unless you have a written waiver.

What is stacking?

Stacking allows you to combine UM/UIM limits across multiple vehicles or policies in your household to increase total coverage. The rules depend on policy language and Delaware case law.

Can I use UM coverage if the other driver was simply underinsured?

Yes, underinsured motorist (UIM) coverage applies when the at-fault driver carries some insurance but not enough to cover your damages.

What if the carrier denies my claim?

You can pursue litigation or arbitration depending on your policy’s terms. A lawyer can evaluate denial reasons and challenge them.

Does using UM/UIM raise my premiums?

UM/UIM coverage exists for these scenarios, and using it should not be treated as an at-fault claim. Carriers cannot use a legitimate UM/UIM claim against you in most circumstances.

Schuster Jachetti LLP Serves Delaware Clients Statewide

Wilmington (302) 966-8684, Smyrna (302) 775-0728, Georgetown (302) 877-9524, Lewes (302) 527-9513. Sitewide: (302) 984-1000.

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

This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. Past results do not guarantee a similar outcome.

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