What is a car accident claim worth in Delaware?
Every rule below is quoted from Delaware law or a state agency, with a link. Checked September 17, 2026.
The short answer
Nobody can price your claim from a web page, and any site that gives you one number is guessing. What we can show you is real: the amount insurers actually paid per claim in Delaware, and the Delaware rules that raise or lower what you collect. $27,751 was the average injury claim paid in Delaware in 2022.
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Nothing you pick is sent anywhere or saved. The answer appears on this page.
Averages come from NAIC 2022/2023 Auto Insurance Database Report. State rules are quoted from Delaware law on this site, each with a link.
What claims paid in Delaware
Injury claims in Delaware averaged $27,751 each in 2022.
Car and property damage claims averaged $6,409.
| Injury claim paid by the at fault driver's insurance | $27,751 |
|---|---|
| Car and property damage | $6,409 |
| Personal injury protection, paid by your own policy | $9,816 |
| Collision coverage, paid by your own policy | $6,622 |
These are averages of every claim insurers closed, from the largest to the smallest. A claim with a hospital stay sits far above the average, and a fender bender sits far below it.
What changes the number in Delaware
If you were partly at fault
Delaware uses modified comparative negligence with a 51 percent bar. You can still recover damages if you were 50 percent or less at fault, but you recover nothing if you were more at fault than the other driver.
“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”
The other driver's policy limit is the ceiling
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”
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”
The deadline that ends the claim
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”
What a lawyer takes if you hire one
Delaware does not cap the percentage a lawyer can charge in a personal injury contingency fee case. The fee still has to be reasonable, the agreement must be in writing and signed by the client, and the lawyer must give the client a written statement of the outcome when the case ends.
“A contingent fee agreement shall be in a writing signed by the client and shall state the method by which the fee is to be determined, including the percentage”
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.