DELAWARE Injury Lawyers

Delaware Injury Laws That Could Affect Your Car Crash Claim

Suffering injuries in a motor vehicle accident is always a challenge. When you are interested in filing a car accident claim against the person responsible for your collision, you’ll need to be aware of certain Delaware laws that could have an impact on your claim. Continue reading to learn more about these laws so you are prepared for what’s to come.

The Statute of Limitations

To begin, if you are considering filing a claim for the car crash you were involved in, you need to be aware that the statute of limitations in such cases is two years.

Essentially, this means that you will have two years from the date of the accident or from the date you were diagnosed with injuries that were related to the collision to pursue damages. If you do not file your claim within the statute of limitations, you will be barred from seeking compensation for your losses from the at-fault party.

No-Fault Insurance Law

The state of Delaware requires drivers to carry personal injury protection (PIP) coverage on their auto insurance policies. This is because Delaware is a no-fault state for car insurance purposes. This means that your insurance company will pay a portion of your medical bills, property damage, and lost wages up to the limits of your auto insurance policy—regardless of who caused your crash.

Only in car accident cases that involve serious injuries or massive expenses will you be eligible to file a personal injury lawsuit outside of the no-fault auto insurance system. Doing so can allow you to recover compensation for non-economic damages, such as pain and suffering, the loss of enjoyment of life, emotional distress, the loss of companionship and love, and various other losses.

Modified Comparative Negligence

When dealing with the insurance company, it is important to note that insurers will more than likely try to minimize the amount they are required to settle for by making use of Delaware’s modified comparative negligence law.

This law allows drivers who are partially responsible for their accidents to still pursue damages from the other at-fault party. However, your awarded amount will be reduced based on the percentage of blame you are found to carry.

The insurer will try to maximize your perceived liability because if you are found to hold more blame than the other driver, you will no longer be able to seek compensation for your losses. Working with an attorney can help ensure that you are not taken advantage of by dishonest insurance companies.

Contact a Delaware Car Accident Lawyer

If you have additional questions about your auto wreck or would like to discuss the details of your case with a qualified Delaware car accident lawyer at Barros, McNamara, Malkiewicz & Taylor, simply complete the contact form at the bottom of this page or give our office a call at 302-734-8400 to schedule a free case review.