Who Pays Medical Bills After a Car Accident in Delaware?
After a car accident in Delaware, one of the first and most pressing questions injured drivers and passengers face is: Who pays for the medical bills? The answer depends on several factors, including your insurance coverage, the severity of your injuries, and who was at fault.
Delaware operates under a unique version of the no-fault insurance system, which means that even if another driver caused your accident, your own insurance may pay your initial medical expenses.
Here’s how it works and what you need to know to protect your health and finances after a crash.
Understanding No-Fault Insurance in Delaware
Delaware uses a no-fault insurance model for medical expenses, which means that each driver turns to their own insurance policy for coverage of medical bills, regardless of who caused the accident. This system is designed to make it easier and faster for accident victims to get care without waiting for fault to be determined.
Under no-fault insurance in Delaware, drivers are required to carry Personal Injury Protection insurance, which covers medical expenses, lost wages, and certain other costs after an accident.
What Delaware PIP Insurance Covers
PIP is a mandatory part of every auto insurance policy in the state. In Delaware, PIP benefits typically cover:
- Medical bills for accident-related injuries
- A portion of lost wages if you are unable to work
- Certain rehabilitation expenses
- Funeral costs, in the event of a fatal accident
Delaware law requires a minimum of $15,000 in PIP coverage per person, per accident, and $30,000 total per accident. Many drivers choose to purchase higher limits for additional protection.
What If PIP Runs Out?
If your Delaware PIP insurance doesn’t fully cover your medical expenses, especially after a serious crash, you may have other options. For example:
- MedPay coverage: Some drivers carry Delaware MedPay coverage, which can supplement PIP and help pay remaining medical bills not covered under your basic policy.
- Health insurance: After exhausting PIP and MedPay, your health insurance may cover additional treatment costs, although you might be responsible for co-pays and deductibles.
- Lawsuit against the at-fault driver: If another driver caused the crash, you may be able to file a personal injury claim to recover any unpaid medical bills, pain and suffering, and other damages.
Can You Sue the At-Fault Driver?
Yes. While Delaware’s no-fault rules apply to initial medical payments, they don’t prevent you from suing a negligent driver for more serious injuries. If your damages exceed your PIP limits or you suffer permanent injury, you can pursue a personal injury claim against the responsible party.
Working with a knowledgeable Delaware car accident lawyer can help you evaluate your options and decide the best path forward based on your injuries, insurance coverage, and accident circumstances.
Protect Yourself After a Crash: Call Edelstein, Martin & Nelson
Medical bills after a car crash can add up fast, especially if you need ongoing treatment, surgery, or rehabilitation. Understanding how Delaware PIP insurance, Delaware MedPay coverage, and no-fault insurance in Delaware work can help you avoid delays in care and get the compensation you deserve.
If you’ve been injured in an accident and are unsure how your medical bills will be paid, call Edelstein Martin & Nelson at (302) 295-5050. Our dedicated Delaware car accident lawyer can explain your rights, review your insurance policy, and help you pursue all available avenues for compensation.