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Delaware car accident laws
Is Delaware a no-fault state? No. Delaware is an at-fault state: the driver who caused the crash, through their liability insurance, pays for the injuries and damage.
Delaware gives you two years to file a personal injury lawsuit (Del. Code tit. 10, § 8119).
The legal minimum liability coverage in Delaware is $25,000 per injured person, $50,000 per crash and $10,000 for property (25/50/10).
If you were partly at fault, your damages are reduced by your percentage of fault, but you recover nothing if your negligence is greater than the defendant's (or all defendants combined), that is, more than 50%.
Quoted from Delaware statutes and official pages, checked October 2, 2026 · not legal advice
The rules in one table
| Rule | Delaware | Source |
|---|---|---|
| Deadline to sue for an injury | Two years from the date the injuries were sustained | Del. Code tit. 10, § 8119 |
| Deadline for vehicle damage | Two years from the accruing of the cause of action (injury to personal property; note this is shorter than the 3-year rule in § 8106 for trespass to property) | Del. Code tit. 10, § 8107 |
| Deadline for a wrongful death claim | Two years from the accruing of the cause of action (the date of death) | Del. Code tit. 10, § 8107 |
| Insurance system | at-fault; PIP required ($15,000 per person / $30,000 per accident) | Del. Code tit. 21, § 2118(a)(2) |
| If you were partly at fault | modified comparative (51% bar). If you were partly at fault, your damages are reduced by your percentage of fault, but you recover nothing if your negligence is greater than the defendant's (or all defendants combined), that is, more than 50%. | Del. Code tit. 10, § 8132 |
| Minimum liability coverage | $25,000 per person / $50,000 per crash / $10,000 property | Del. Code tit. 21, § 2902(b)(2) |
| Dog bites | strict liability. A dog owner is liable for any injury, death or loss the dog causes, unless the victim was trespassing or committing a crime on the owner's property, committing a crime against someone, or teasing, tormenting or abusing the dog. | Del. Code tit. 16, § 3053F |
Deadlines can be shorter or longer for minors, for injuries found later, and for claims against a government. A lawyer licensed in Delaware can tell you the date that applies to you.
Next steps after a Delaware crash
How to get a Delaware crash report ($25.00 for a standard collision report; $60.00 for a fatal collision report).
Check your deadline and a rough claim range
A filing date and a rough value range for Delaware. Both take under a minute.
Questions
How long do you have to sue after a car accident in Delaware?
Two years for an injury claim (Del. Code tit. 10, § 8119) and two years for vehicle damage. Shorter notice rules can apply to claims against a government.
Is Delaware a no-fault state?
No. Delaware is an at-fault state: the driver who caused the crash, through their liability insurance, pays for the injuries and damage.
Can I recover if I was partly at fault in Delaware?
Delaware follows modified comparative (51% bar). If you were partly at fault, your damages are reduced by your percentage of fault, but you recover nothing if your negligence is greater than the defendant's (or all defendants combined), that is, more than 50%.
What is the minimum car insurance in Delaware?
The legal minimum liability coverage in Delaware is $25,000 per injured person, $50,000 per crash and $10,000 for property (25/50/10).
Sources
- Deadline to sue for an injury (Del. Code tit. 10, § 8119): delcode.delaware.gov/title10/c081/index.html
§ 8119. Personal injuries. No action for the recovery of damages upon a claim for alleged personal injuries shall be brought after the expiration of 2 years from the date upon which it is claimed that such alleged injuries were sustained;
- Deadline for vehicle damage (Del. Code tit. 10, § 8107): delcode.delaware.gov/title10/c081/index.html
§ 8107. Actions subject to 2-year limitation. No action to recover damages for wrongful death or for injury to personal property shall be brought after the expiration of 2 years from the accruing of the cause of such action.
- Deadline for a wrongful death claim (Del. Code tit. 10, § 8107): delcode.delaware.gov/title10/c081/index.html
§ 8107. Actions subject to 2-year limitation. No action to recover damages for wrongful death or for injury to personal property shall be brought after the expiration of 2 years from the accruing of the cause of such action.
- Insurance system (Del. Code tit. 21, § 2118(a)(2)): delcode.delaware.gov/title21/c021/sc01/index.html
(2) a. Compensation to injured persons for reasonable and necessary expenses incurred within 2 years from the date of the accident for: 1. Medical, hospital, dental, surgical, medicine, x-ray, ambulance, prosthetic services, professional nursing and funeral services. Compensation for funeral services, including all customary charges and the cost of a burial plot for 1 person, shall not exceed the sum of $5,000. Compensation may include expenses for any nonmedical remedial care and treatment rendered in accordance with a recognized religious method of healing. 2. Net amount of lost earnings. Lo…
- If you were partly at fault (Del. Code tit. 10, § 8132): delcode.delaware.gov/title10/c081/index.html
§ 8132. Comparative negligence. In all actions brought to recover damages for negligence which results in death or injury to person or property, the fact that the plaintiff may have been contributorily negligent shall not bar a recovery by the plaintiff or the plaintiff's legal representative where such negligence was not greater than the negligence of the defendant or the combined negligence of all defendants against whom recovery is sought, but any damages awarded shall be diminished in proportion to the amount of negligence attributed to the plaintiff.
- Minimum liability coverage (Del. Code tit. 21, § 2902(b)(2)): delcode.delaware.gov/title21/c029/sc01/index.html
subject to limits exclusive of interest and costs, with respect to each such motor vehicle, as follows: $25,000, because of bodily injury to or death of 1 person in any 1 accident and, subject to said limit for 1 person $50,000, because of bodily injury to or death of 2 or more persons in any 1 accident, and $10,000, because of injury to or destruction of property of others in any 1 accident.
- Dog bites (Del. Code tit. 16, § 3053F): delcode.delaware.gov/title16/c030F/sc04/index.html
§ 3053F. Liability of dog owner for damages. The owner of a dog is liable in damages for any injury, death, or loss to person or property that is caused by such dog, unless the injury, death, or loss was caused to the body or property of a person who, at the time, was committing or attempting to commit a trespass or other criminal offense on the property of the owner, or was committing or attempting to commit a criminal offense against any person, or was teasing, tormenting, or abusing the dog.
Read October 2, 2026. Laws and fees change; the linked page is the authority.