What to do after a car accident in Delaware
Every rule below is quoted from Delaware law or a state agency, with a link. Checked September 17, 2026.
At fault state
The short answer
Delaware requires every driver to carry both liability insurance, which pays when you are at fault, and no-fault personal injury protection, but you keep the right to sue the other driver for your injuries. You must report a crash right away to the police if someone is injured or killed, if it happens on a public road and causes $2,000 or more in property damage, or if a driver appears to be impaired by alcohol or drugs. You have 2 years from the date of the crash to file a lawsuit for your injuries.
Deadlines in Delaware
- 2 years
- to sue for injuries10 Del. C. § 8119
- 2 years
- to sue for car or property damage10 Del. C. § 8107
- 2 years
- for a family to sue after a death10 Del. C. § 8107
- 1 year (minimum allowed by county/municipal ordinance, where one exists)
- to notify the government if a public vehicle or road was involved10 Del. C. § 4013(c)
Miss one of these and you can lose the right to claim, even with a strong case.
At the scene
Stop, share your information and help anyone hurt
Drivers in a crash must stop right away, give their name, address and license plate number, and help anyone who is hurt, including getting them to a hospital or doctor.
“shall render to any person injured in such collision reasonable assistance, including the carrying of such person to a hospital or physician or surgeon for medical”
When you must call the police
You must report a crash right away to the police if someone is injured or killed, if it happens on a public road and causes $2,000 or more in property damage, or if a driver appears to be impaired by alcohol or drugs.
“When the collision occurs on a public highway and results in property damage to an apparent extent of $2,000 or more”
Moving your car out of traffic
If a crash only damages property and no one appears hurt, drivers must make a reasonable effort to move a vehicle that is blocking traffic.
“the driver of the vehicle must make every reasonable effort to move the vehicle or have it moved so as not to obstruct the regular flow of traffic”
In the days after
Whether you must file a report yourself
Delaware does not require drivers to separately file a crash report with the DMV. Reporting to the police under the rule above meets the legal duty, and the Department of Safety and Homeland Security can only ask for extra paperwork if the police report on file is incomplete.
“may require drivers involved in collisions, or police departments, to file supplemental reports of collisions upon forms furnished by it whenever the original report is insufficient”
Getting a copy of the crash report
To get a Delaware State Police crash report, you must mail your request with a copy of your collision information exchange form and payment to the Traffic Operations Section in Dover. There is no online portal or in-person option.
“Requests must be made by mail. We cannot honor walk-in requests for crash reports.”
Who pays for the damage
Delaware requires every driver to carry both liability insurance, which pays when you are at fault, and no-fault personal injury protection, but you keep the right to sue the other driver for your injuries.
“is precluded from pleading or introducing into evidence in an action for damages against a tortfeasor those damages for which compensation is available”
Insurance rules in Delaware
What insurance every driver must carry
Delaware drivers must carry liability insurance of at least $25,000 for the injury or death of one person, $50,000 total when two or more people are hurt in one crash, and $10,000 for property damage.
“$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”
Personal injury protection (PIP)
Yes. Every vehicle registered in Delaware must carry no-fault personal injury protection of at least $15,000 for one person and $30,000 total per accident, which pays medical bills and lost wages no matter who caused the crash.
“$15,000 for any 1 person and $30,000 for all persons injured in any 1 accident”
If the other driver has no insurance
Insurers must include uninsured and underinsured motorist coverage in every Delaware auto policy, at least equal to the state's minimum liability limits, unless the driver rejects it in writing.
“unless coverage is provided therein or supplemental thereto for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured”
Medical payments coverage
Delaware does not have a separate medical payments coverage mandate. Instead, every policy must include no-fault personal injury protection, which pays medical bills and lost wages no matter who caused the crash and cannot be waived.
“Compensation to injured persons for reasonable and necessary expenses incurred within 2 years from the date of the accident for”
If an insurance company treats you unfairly
To complain about an insurance company in Delaware, file online with the Delaware Department of Insurance or contact its Consumer Services Division by phone or email.
“Fill Out a Complaint Form Online”
The deadline rules, word for word
Deadline to sue for injuries
You have 2 years from the date of the crash to file a lawsuit for your 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”
Deadline to sue for car damage
You have 2 years from the date of the crash to sue over damage to your vehicle or other property.
“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”
Deadline for a wrongful death claim
Family members have 2 years from the date of death to file a wrongful death lawsuit.
“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”
If a government vehicle or road was involved
Delaware's state tort claims law sets no statutory notice-of-claim deadline before you sue the state for a crash involving a state vehicle or state road. A county or city can pass its own notice rule by local ordinance, but that local rule cannot require notice sooner than 1 year after the crash.
“Any political subdivision may enact a notice requirement by ordinance, so long as said notice requirement does not bar suit if notice is given within 1 year of occurrence”
Sources on this page
Each one was opened and checked on September 17, 2026.
Know My Claim is not a law firm or a government agency, and this page is not legal advice. Laws change, so check the linked source before you rely on a deadline.