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What Happens if the At-Fault Driver in an Accident Is Uninsured in Delaware?

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What Happens if the At-Fault Driver in an Accident Is Uninsured in Delaware?

Delaware Car Accident Laws: What You Need to Know

Car accidents are stressful, but the situation can become even more complicated when the at-fault driver lacks insurance. In Delaware, a state that requires all drivers to carry liability insurance, this scenario may leave victims wondering how to recover damages. Understanding your rights and options is crucial for protecting your financial and physical well-being.

Delaware’s Insurance Requirements

Delaware law mandates that all drivers maintain liability insurance to cover damages they may cause in an accident. The Delaware Car Accident Laws: What You Need to Knowminimum coverage requirements include:

  • $25,000 for bodily injury per person
  • $50,000 for bodily injury per accident
  • $10,000 for property damage

Despite these requirements, uninsured drivers still pose a risk. The Insurance Research Council reports that nearly 1 in 8 drivers in the United States is uninsured, and Delaware is no exception.

What Happens After an Accident with an Uninsured Driver?

If you are involved in an accident caused by an uninsured driver, the process for recovering damages differs significantly from a standard insurance claim. Without the at-fault driver’s insurance to rely on, you may need to explore alternative options:

  1. Uninsured Motorist Coverage
    Delaware drivers are required to carry uninsured/underinsured motorist (UM/UIM) coverage unless they explicitly reject it in writing. UM coverage is designed to step in and compensate you for damages when the at-fault driver lacks insurance. This can cover medical expenses, lost wages, and pain and suffering.
  2. Personal Injury Protection (PIP)
    Delaware is a “no-fault” state for car insurance, meaning all drivers must carry personal injury protection (PIP). Regardless of who caused the accident, PIP covers your medical bills and lost wages up to the limits of your policy.
  1. Filing a Lawsuit
    If the uninsured driver has personal assets, you may pursue a lawsuit to recover damages. However, collecting compensation through legal action can be challenging if the driver lacks sufficient assets.

Steps to Take After an Accident with an Uninsured Driver

If you find yourself in this situation, follow these steps to protect your rights:

  1. Call the Police: File a police report to document the accident. This report will be crucial when dealing with your insurance company or pursuing legal action.
  2. Exchange Information: Even if the other driver is uninsured, collect their contact details and any witness information.
  3. Notify Your Insurance Company: Report the accident as soon as possible, especially if you intend to file a UM or PIP claim.
  4. Seek Medical Attention: Even minor injuries should be evaluated by a healthcare professional to ensure proper documentation.
  5. Consult an Attorney: A Delaware auto accident attorney can help you navigate the complexities of uninsured motorist claims and ensure you receive fair compensation.

Why You Need Legal Assistance

Dealing with an uninsured driver can be overwhelming. Insurance companies may try to minimize payouts, and pursuing a lawsuit requires thorough preparation. An experienced attorney can help you evaluate your options, negotiate with insurance companies, and represent your interests in court if necessary.

Contact Edelstein Martin & Nelson Today!

Have you been injured by an uninsured driver in Delaware? Don’t navigate this challenging situation alone. Contact us today for a free consultation. Our experienced auto accident attorneys will fight to protect your rights and secure the compensation you deserve. Call or visit us online now!

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