Answer: Under Delaware car and truck accident law, if you’re injured as a result of another driver’s negligence, you may be entitled to financial compensation for your injuries. Generally, there are four kinds of claims you can make in a car accident case: medical bills, lost wages, pain and suffering damages, and property damage.
Because Delaware is a no-fault state, Delaware residents who are injured in car accidents in Delaware will generally make a claim for medical bills under their own car insurance policies. This is called a PIP or personal injury protection claim. It does not matter whose fault the accident was, if you’re injured in a car accident, you make the claim on your own policy. This applies not only to car accidents, but also to truck accidents. Read more about getting medical bills paid after a Delaware car/truck accident.
Like with medical bills, lost wages may be payable under a PIP policy. Many Delaware residents who get into car accidents are misinformed about their ability to make this kind of claim. After a car accident, if the injuries prevent you from working, and a doctor’s note clearly indicates that the inability to work resulted from the accident, you may be able to make a lost wage claim under your own car insurance policy. Like with medical benefits, lost wage benefits are available regardless of whether the accident was your fault or not. Read more about getting lost wages paid after a Delaware car/truck accident.
Pain and Suffering
A claim for pain and suffering damages can be made where the other driver was at fault for the accident. Pain and suffering damages are meant to compensate an injured person for the physical injuries suffered in the accident. Physical pain, mental anguish, etc. are part of a pain and suffering claim. Read more about pain and suffering claims here.
Assuming the accident was the other driver’s fault, you may be able to make a property damage claim with the other driver’s car insurance company. Alternatively, you may be able to make a claim under your own car insurance policy if you have collision or comprehensive coverage.
Each case varies. So it is best to have your case evaluated by an experienced car and truck accident lawyer in Delaware who can advise you on what is recoverable and how to proceed.
- Delaware No-Fault Car Insurance | Delaware No-Fault Truck Insurance Coverage
- Delaware Personal Injury Protection (PIP) | DE No-Fault Car Insurance Statute
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