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I’m a Pennsylvania resident and got into an accident in Delaware. Can I bring a claim against the other driver?

Answered by a Delaware car & truck accident lawyer:

Under Delaware car accident law, an individual injured in a car accident must show that the other driver was negligent and that such negligence caused damages (i.e., injuries and financial losses). So long as the other driver was at fault and caused the accident, out of state drivers, such as Pennsylvania or New Jersey drivers have the legal right to bring a claim to recover for the injuries and losses.

Limited Tort or Verbal Threshold in a Delaware Car Accident

Oftentimes, residents of other states who get injured in car or truck accidents in Delaware are misinformed or unaware that they may be able to bring a claim against the driver who caused the accident. Insurance companies often tell out of state drivers that their tort elections (limited tort or verbal threshold) still apply to a car or truck accident in Delaware. That is not the case. Under a 1996 Delaware court case, a New Jersey driver’s verbal threshold election was held not to apply to a car accident which occurred in Delaware.

This is significant because out of state drivers injured in car accidents in Delaware may make claims in Delaware Courts for pain and suffering even though such claims would be otherwise barred in their home state due to the tort election. Delaware has a strong public policy against limiting pain and suffering tort claims.

For example, a Pennsylvania insured with a “limited tort option” is injured in a Delaware car accident which is caused by the negligence of another.  The Pennsylvania resident-driver may bring an action in Delaware Courts for pain and suffering damages, despite the “limited tort option”.

Therefore, a Pennsylvania insured who elected limited tort and is injured in a car accident in Delaware while driving his PA insured vehicle may make a pain and suffering claim in the Delaware Courts notwithstanding his or her limited tort election. However, it is important to note that each case is unique and should be evaluated by a car accident lawyer in Delaware prior to taking any legal action.

In addition, many out of state drivers who are injured in Delaware car accidents often consult with car accident lawyers in their home state. This can sometimes lead to a misunderstanding as to the application of tort thresholds. Therefore, it is crucial to discuss a Delaware car accident with a Delaware car accident lawyer.

Related articles:

Delaware Car Accident Lawyer Represents Out of State Drivers – FREE CONSULTATIONS (302) 658.1717

Our lawyers represents residents of other states, such as New Jersey, Pennsylvania and Maryland who are injured in car accidents and truck accidents while driving on Delaware’s highways and roads including:

  • I-95,
  • I-295,
  • I-495,
  • US 13,
  • US 40, and
  • Delaware Route 1.

For more information, please contact us.

*Disclaimer: Every case is unique and you should not take any action or make decisions in your case without speaking to a qualified car and truck accident lawyer in Delaware. This website page does not provide any legal advice or create any attorney-client relationship. Use of the contact form on this website or emailing one of our lawyers does not create any attorney-client relationship. In addition, confidential information should not be sent through the contact form.

Knepper Stratton Delaware Car Accident Lawyers

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