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Understanding Delaware’s “No-Fault” Car Insurance Laws

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Understanding Delaware’s “No-Fault” Car Insurance Laws

Understanding Delaware's "No-Fault" Car Insurance Laws

No-fault car insurance can impact how you file for compensation for a car accident with another driver. Understanding how no-fault insurance works in Delaware is vital for figuring out your limits for compensation. There are also certain situations when you might be able to sue for additional compensation. Feel free to ask a Wilmington accident attorney about what legal steps this involves.


At-fault insurance states require drivers to prove the other driver was at fault for the car accident to obtain compensation. This usually involves proving negligence in the form of reckless driving, breaking traffic laws, or carelessness. Delaware is a no-fault Understanding Delaware's "No-Fault" Car Insurance Lawsinsurance state, meaning drivers are not required to prove the other driver at-fault to obtain compensation.

In other words, no-fault insurance covers drivers regardless of who was at fault for the accident. This type of auto insurance is also called personal injury protection. Regardless of who was at fault, both drivers are covered at minimum for medical injuries, funeral costs, and lost wages.

Liability insurance is often separate from personal injury protection insurance. This means you would need to purchase liability insurance to receive compensation for vehicle damages and repair costs. A dilemma some people can fall into is not being covered enough by no-fault insurance.

When this happens, you might be able to request additional compensation. Consider contacting a Wilmington car accident lawyer to find out whether you might be eligible. A lawyer can help you navigate this process and take the steps needed to obtain enough compensation to cover your car accident damages.


While the benefit of no-fault insurance is being covered no matter what, concerns arise from the limits on compensation. No-fault insurance policies place monetary limits on how much compensation can be offered for injuries and lost income. This means some people may not be compensated enough to fully recover from a car accident.

Many people wonder when they can request or sue for additional compensation. There are concerns when the car accident damages far exceed the compensation offered by an auto insurance company. A car accident lawsuit can be filed under no-fault insurance in unique situations to obtain additional compensation.

These unique situations include car accidents that result in damages that meet the tort liability threshold. Damages like these include severe injuries, death, expensive medical bills, and disfigurement. Severe injuries are injuries that result in high medical bills, lifelong changes, disabilities, or prolonged pain and suffering.

Consult with a lawyer who can help you take the steps to sue for additional compensation. A lawyer may also be able to negotiate additional compensation depending on the situation. When negotiations fail, a lawyer can work with you to build a strong case in your defense. 


Trying to navigate the insurance process after a car accident can be confusing at times. Contact Edelstein Martin & Nelson today at (302) 504-4815 to speak with a Delaware car accident lawyer for a free consultation about your situation. Our experienced team can help you maximize your compensation for medical expenses, pain and suffering, and lost income. We can be found in Wilmington, DE.

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