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22.22 Damages – No-Fault Insurance Benefits

No-Fault Insurance Benefits

Under Delaware’s no-fault Law, [plaintiff’s name] has been compensated by [his/her] own insurance company for [__lost wages / medical expenses__] incurred [__within two years of the date of the accident / to the extent of the benefits available__].  The amounts of the bills paid are not in evidence because they have been paid.  The law does not permit [plaintiff’s name] to recover losses or expenses that have been paid as part of no-fault benefits.

The claims in evidence in this case are for [__lost wages / medical expenses__] beyond those already paid by no-fault insurance.

Source:

21 Del. C. ‘ 2118(g)&(h); Turner v. Lipshultz, Del. Supr., 619 A.2d 912, 916 (1992); Read v. Hoffecker, Del. Supr., 616 A.2d 835, 836-38 (1992); but see Wallace v. Archambo, Del. Supr., 619 A.2d 911, 912 (1992); Brown v. Comegys, Del. Super., 500 A.2d 611, 614 (1985); Webster v. State Farm Mut. Auto Ins. Co., Del. Super., 348 A.2d 329, 332 (1975); DeVincentis v. Maryland Cas. Co., Del. Super., 325 A.2d 610, 612-13 (1974).  See also Burke v. Elliot, 3d Cir., 606 F.2d 375, 378-79 (1979).

Credit: Delaware Superior Court