With the holidays approaching, the number of car and traffic accidents in the Wilmington area will certainly increase. Residents of Delaware who are injured in car accidents in the Wilmington, Newark and Dover area are often confused about how their car insurance policies work and what happens after a car accident occurs.
In fact, one of the first questions someone who’s been injured in a car accident has is whether the other driver is responsible for paying medical bills. Others may have questions about how to make PIP claims. Here are the basics of Delaware PIP coverage law.
Wilmington Car Accidents – The Basics of Delaware PIP Coverage
PIP or personal injury protection benefits are paid by car insurance companies regardless of fault. PIP benefits cover medical bills, lost wages, and other expenses such as funeral expenses, or household help. However, the question of whose car insurance company is on the hook depends on the status of the person making the claim. Under Delaware car accident law, drivers, passengers and pedestrians may be treated differently in terms of whose insurance company pays for PIP benefits.
Example: Driver Injured in a Car Accident in Wilmington
A Wilmington resident is injured in a car accident while driving to work in Newark. He seeks treatment at a hospital near Wilmington and also needs physical therapy. Assuming there are no issues with car insurance coverage, this driver will make a PIP claim for medical bills with his own car insurance company.
Example: Passenger Injured in a Car Accident in Wilmington
A woman is riding in her friend’s car, which is registered and insured in Delaware. They are driving in Wilmington and get hit at an intersection. The passenger needs extensive medical treatment and loses time from work. She will make a PIP claim with the car insurance company which issued an auto policy covering the car she was riding in, i.e., her friend’s car. If the passenger is covered under another policy, such as her own policy or a parent’s policy, she may be able to make a second PIP claim under that policy. Read more about making second PIP claims in DE car accidents.
Example: Pedestrian Hit by a Car in Wilmington
A Wilmington resident is walking in downtown Wilmington. As she is crossing the street in a designated crosswalk, she is hit by a car, tagged in Delaware, which turns right on a red light. She sustains major injuries, needs multiple surgeries, and ultimately cannot return to her job due to the injuries. The pedestrian will make a PIP claim with the car insurance company which issued a policy to the car which hit her. In addition, like the passenger in the example above, the pedestrian may also be able to make a second PIP claim with her own car insurance company.
It is important to note that PIP coverage law in Delaware is very complex and whether an injured individual is eligible to make a PIP claim depends on the facts and legal circumstances of the case. If you were injured in a car or truck accident in the Wilmington, Newark or Dover area and have questions about paying your car accident medical bills, please call our car accident lawyers for a free consultation. (302) 658-1717
Wilmington DE Car Accident Lawyer with Over 30 Years of Experience
Since 1982, firm founder, Martin Knepper, has served residents of Delaware in all personal injury matters, including car accidents and truck accidents. Contact our accident lawyers today and ask for a free consultation. (302) 658-1717
Our lawyers serve residents throughout the Delaware area, including: Wilmington, Newark, Dover, Middletown, and Smyrna. We also represent residents of other states such as Pennsylvania, New Jersey, Maryland and Virginia who are injured in car or truck accidents while in Delaware. For more information, please contact us.
*Disclaimer: This website page does not provide any legal advice or create any attorney-client relationship. 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. Any discussion of results is no guarantee of the same or similar results in current or future cases.
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