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Delaware’s Minimum Auto Insurance Requirements – Too Little Protection for Auto Accident Injuries

Time and time again, a Delaware resident who is injured in an auto accident learns the hard way that their auto insurance coverage does not provide adequate protection. Oftentimes, individuals purchase minimum limits policies in exchange for lower premiums. Then, when they are seriously injured in an auto accident, they come to find out that the minimum limits don’t offer much coverage at all. This article will discuss the minimum PIP or personal injury protection limits under Delaware law.

Under Delaware auto insurance laws, three types of coverage are required for all auto insurance policies issued in this state:

  • Minimum of $15,000/$30,000 of PIP (Personal Injury Protection),
  • Minimum of $15,000/$30,000 of Bodily Injury Liability
  • Minimum of $15,000/$30,000 of Uninsured / Underinsured (UM/UIM), and
  • Minimum of $10,000 of Property Damage.

Read more about minimum auto insurance requirements in Delaware.

Minimum PIP Coverage in Delaware

The minimum PIP coverage required in the state of Delaware is $15,000/$30,000. PIP covers medical bills and lost wages. PIP also covers other things such as household help or $5,000.00 for funeral benefits in the event of death. Oftentimes, there is no copay or coinsurance when making PIP claims. However, each insurance company and policy is different. Under the Delaware PIP statute, PIP coverage may be subject to deductibles, etc.

How PIP Works

The $15,000 limit is the maximum amount of coverage that applies to each person making a PIP claim, and the $30,000 limit is per accident. Therefore, two members of a household who are covered under the same auto insurance policy may make a PIP claim for the same auto accident. Each member is eligible to receive a maximum of $15,000. If a married couple was injured in the same auto accident, they would be able to make a claim for $15,000 each, up to a maximum of $30,000.

If three members of the household need to make a PIP claim for the same accident, the maximum the insurance company pays is $30,000. If a mother, father and child were injured in the same auto accident, the maximum amount available is $30,000 with a $15,000 per person/individual maximum. So for instance, the mother could make a PIP claim for up to $15,000 in benefits. This leaves $15,000 to be split between the father and child.

PIP limits apply on a per accident basis. Insured members may make a PIP claim for each auto accident; the same $15,000/$30,000 limits would apply.

Related: Delaware Auto Accident Insurance Claims – Are You Eligible for PIP Coverage?

No-Fault & PIP Claims in Delaware

It’s important to note that PIP claims in Delaware are made without regard to fault. This is how the no-fault system works. In general, if you’re injured in an auto accident and you’re covered under an applicable auto insurance policy, you make a claim under your own auto insurance policy or the insurance policy of the car in which you were riding. So, even if you caused the accident, you still make a PIP claim with your own auto insurance company. There are some special rules which apply to PIP eligibility. For example, a different set of rules apply to passengers. If you need to make a PIP claim, be sure to speak to an auto accident lawyer.


*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.

*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.

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