Residents of Delaware who’ve been injured in car or truck accidents are often surprised to learn that they may be able to recover net lost wages by filing a PIP claim under their own car insurance policies. In fact, it is pretty common for an injured Delaware driver to be confused about how PIP even works. This is how it happens: someone buys an auto insurance policy from their local insurance agency. The insurance agent explains the amount of coverage and what the premiums will be, but does not explain how the coverage works. The person buying auto insurance never thinks twice about their policy until they get into a car accident.
In addition, there tends to be confusion about who pays for medical bills and lost wages after a car accident because many individuals assume that the driver who caused the accident will be responsible for the medical bills and lost wages. This is only partially true.
Like many other states, Delaware is a no-fault state. This means that when a car accident occurs, fault is taken out of the equation when making PIP claims for medical benefits,net lost wages, etc. Fault, however, is important in a subsequent lawsuit against the negligent driver.
Related: Making a DE PIP Claim for Lost Wages After a Car Accident – What You Need to Know
Whose Insurance Pays for Lost Wages After a DE Car Accident?
In most car accident cases in Delaware, the injured driver will make the PIP claim under their own car insurance policy. Passengers will make PIP claims under the car they were riding in. Also, Delaware car accident law allows passengers to make a secondary claim under their own car insurance policy, or a resident relative’s policy (i.e., mom or dad), if and only if, the PIP coverage limit is greater than the PIP coverage limit of the car insurance policy covering the car they were riding in.
A similar rule applies to pedestrians. Generally, under Delaware car accident law, pedestrians injured in car accidents in Delaware will make PIP claims under the car insurance policy covering the car which hit them. Like passengers, pedestrians injured in car accidents in Delaware may be able to make a second claim under their own car insurance policy or a resident relative’s policy.
Related: Lost Wage and Salary Claims in a Delaware Car Accident Case – Documenting the Lost Wage Amount
How Much Lost Wages Can Be Recovered After a DE Car Accident?
In Delaware, the minimum PIP coverage amount required on every Delaware auto insurance policy is $15,000 per person (up to a total of $30,000 per each accident). However, many people purchase larger PIP policies. $50,000 or $100,000 PIP policies are fairly common.
It is important to note that there may be deductibles and percentage reductions, etc., which vary depending on the car insurance company and the policy.
Click here to read part 2 of this article, which discusses how lost wages are paid after PIP coverage exhausts and whether more than one PIP claim may be made.
If you were injured in a car or truck accident in the Delaware area and have questions about making a lost wage PIP claim, please call our car accident lawyers for a free consultation. (302) 658-1717
- Recovering Lost Wages After a Delaware Car/Truck Accident
- Making a DE PIP Claim for Medical Bills After a Car Accident – What You Need to Know
- DE Car Accident Lawyer – Proving Fault in a Delaware Car Accident Injury Insurance Claim
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.
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