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No, Delaware is not a no-fault state for auto insurance. Delaware is an “at-fault” or “tort” state, which means the person who is at fault for a car accident is responsible for paying for other people’s injuries and property damage resulting from the accident. Additionally, unlike in no-fault states, drivers in Delaware can file lawsuits to seek compensation for even basic medical expenses after an accident.
One similarity Delaware has with most no-fault states, however, is that Delaware drivers are required to carry personal injury protection (PIP) insurance to pay for their own medical expenses after a car accident, regardless of fault.
Key Things to Know About Insurance in Delaware
- When an accident occurs, the insurance company for each driver who was involved will assign an adjuster to determine who was at fault. To collect payment for their losses, victims must file a claim with the at-fault driver’s insurance company.
- Depending on how long fault takes to be determined, drivers can file a claim with their own insurance company if they have coverage applicable to their own expenses, such as collision and comprehensive Their insurer can then recoup the cost from the at-fault driver’s insurer if the policyholder is not determined to be at fault.
- Delaware uses a modified comparative (51%) negligence system, meaning drivers can't collect any damages from the other parties if they were 51% or more at fault. If they were less than 51% at fault, drivers can collect damages minus the percentage that they were at fault. So if they were 30% at fault, they can recover 70% of what they spent on damages after the crash.
- Being an “at-fault” / “tort” state helps keep Delaware’s insurance costs relatively low, compared to no-fault states.
- Delaware requires all drivers to carry liability insurance, a type of insurance that pays for others’ expenses after you cause an accident, such as damage to others’ vehicles and their medical expenses. Delaware also requires modified comparative (51%).
In addition to Delaware’s minimum coverage requirements, you may want to purchase types of coverage that will pay for your own expenses after an accident. For example, collision and comprehensive insurance will cover damage to your vehicle, regardless of fault.
To learn more, check out WalletHub’s guides to no-fault insurance and the cheapest car insurance in Delaware.
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