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Filing an Insurance Claim After a Car Accident in Delaware When You’re Not at Fault – What to Know

Filing insurance claims after a car accident in Delaware can be stressful, especially if you’ve never been in an accident before. Depending on the situation, there may be several types of insurance claims. There may be a property damage claim, and if you’ve been injured, a personal injury protection (PIP) claim for medical benefits and lost wages. Also, if the accident was caused by another driver, there may be a third party liability claim. There may also be an underinsured or uninsured motorist coverage claim.

Below, our Wilmington and Dover car accident lawyers explain three of most common types of insurance claims injured individuals make after a car accident in Delaware that was caused by another driver.

1. Insurance Claim for Personal Injury Protection (PIP): Medical Benefits & Lost Wages

car crash damage injuryUnder Delaware car insurance law, every car insurance policy issued in this state must provide at least $15,000/$30,000 of PIP benefits. The $15,000 limit is per person, per accident. The $30,000 limit is the absolute maximum per accident and applies when more than 1 person, who is covered by the policy, is injured. These benefits are made without regard to fault. This means that if you are injured in a car accident and are covered under an auto insurance policy issued in the State of Delaware, you are eligible for PIP benefits.

In order to make a PIP claim properly, you must contact your insurance company and fill out PIP forms. Once a PIP claim is opened, you will receive a PIP claim number. You must provide that number to all your doctors. It’s important to note that your insurance policy may require receipt of the forms within a certain time period, i.e., 5 business days after the accident. In addition, your policy may include a deductible for PIP claims. Some Delaware car insurance policies have a deductible of $500 or more.

PIP benefits cover medical treatment, lost wages and other expenses such as household help and funeral expenses. In typical cases, PIP coverage will be used to pay for medical treatment. If serious injuries result in the inability to work, PIP may sometimes be reserved for lost wages. Read more about this important step, reserving PIP for lost wages after a Delaware car accident.

2. Insurance Claim for Property Damage

If the accident was caused by another driver and your vehicle sustained damage, you may make a property damage claim directly with the other driver’s auto insurance company. If you have collision coverage under your own policy, you could make a claim with your insurance company. However, you’d initially be responsible for the deductible. In most cases, you would receive reimbursement for the deductible after your insurance company seeks payment from the at-fault driver’s insurance company.

3. Insurance Claim for Injury (Third Party Claim)

If another driver (third party) caused the car accident and you suffered injury and damages, you can file an insurance claim with the driver’s car insurance company. It is best to have an experienced auto injury lawyer file the claim on your behalf and communicate with the opposing party’s insurance company. Otherwise, you may inadvertently hurt your own case by speaking to the opposing party’s insurance company about the accident and your injuries. You may make statements about how the accident happened or the progression of your injuries that may be used to limit your compensation down the road.

Wilmington & Dover Car Accident Law Firm – FREE CONSULTATIONS

Our injury lawyers handle car, truck and pedestrian accidents throughout Delaware. If you need assistance with an auto accident insurance claim for PIP benefits or injuries, please contact us for a free consultation. The firm has offices in Wilmington, Dover, Newark, Middletown, Bear, Milford, Seaford, Millsboro, and Smyrna. (302) 658-1717 (Wilmington); (302) 735-5500 (Dover)

*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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