Delaware Uninsured & Underinsured Motorist Coverage

Delaware Underinsured & Uninsured Motorist Coverage Claims

Last updated: September 6, 2023

In Delaware, underinsured or uninsured motorist (UIM/UM) coverage claims are made against your own car insurance company after an auto accident when the at-fault driver either 1. has car insurance coverage that doesn’t adequately compensate you, or 2. doesn’t have any insurance coverage (i.e., hit and run). UIM/UM claims are some of the most common types of car accident injury claims in Delaware.

Knepper & Stratton – Wilmington, Dover, Newark & Middleton Auto Accident Injury Lawyers

(302)658-1717 or (302)736-5500

The Wilmington, Dover, Newark and Middletown auto accident injury lawyers of Knepper & Stratton help individuals who have been seriously injured in motor vehicle accidents in Delaware.

Our lawyers will assist you in successfully making your Delaware uninsured/underinsured motorist coverage claim against your Delaware insurance company. Uninsured/underinsured personal injury cases are usually accepted on a contingency-fee basis, which means clients pay no attorneys fees unless we recover money for them. If you have been injured due to another’s negligent or reckless conduct in Delaware, call (302)658-1717 in New Castle County or (302)736-5500 in Kent or Sussex Counties for a Free Initial Consultation.

Delaware Uninsured & Underinsured Motorist Coverage

When a driver refuses or inadvertently does not carry proper motor vehicle insurance, that driver puts more than just him- or herself at risk. If that driver injures another person in Delaware, there will not be insurance to cover the damages. Injured parties, however, may be covered by their own car insurance policies; uninsured and underinsured motorist coverage protects car accident victims in these cases. If you have been involved in a car accident with an uninsured or underinsured driver, it is important to contact an attorney to create a plan of action.

Delaware Uninsured Motorists Coverage

The State of Delaware requires all vehicle owners to carry automobile insurance. However, if the driver who injured you or your passenger did not have car insurance or you were hurt in a hit-and-run accident with an unidentified vehicle, making it impossible to identify the driver at all, you may have an uninsured motorist claim on your own car insurance policy.

This is when Delaware uninsured motorist coverage will step in to protect your interests. Delaware requires automobile insurance companies to offer uninsured motorist coverage to all persons who purchase Delaware car insurance. All Delaware car insurance companies are required by Delaware law to offer to sell you uninsured / underinsured motorist coverage, and you should have uninsured / underinsured insurance motorist coverage, unless you affirmatively chose to exclude such coverage from your insurance policy by signing a waiver. If you have uninsured motorist coverage your car insurance company will act as if it were the at-fault driver’s car insurance company in compensating you.

When you file a Delaware uninsured motorist claim or a, Delaware underinsured motorist claim your car insurance company’s interests are adverse to your interests. Consulting with an attorney before filing a claim is prudent and wise. This is why it is so important to work with an attorney experienced in making Delaware uninsured and underinsured motorist claims against insurance companies such as the personal injury attorneys at Knepper & Stratton. Call a personal injury lawyer at the Delaware law firm of Knepper & Stratton at (302)658-1717 in New Castle County or (302)736-5500 in Kent or Sussex Counties.

Delaware Underinsured Motorists Coverage

What happens when losses from an auto accident in Delaware exceed the defendant’s insurance limits?

When the at-fault driver is underinsured, this means that the driver has purchased an auto insurance policy that does not provide enough coverage for your damages. If you have Delaware’s mandated uninsured motorist coverage it automatically includes Delaware underinsured motorist coverage. Prior to January 3, 2014 if your Delaware uninsured / underinsured coverage limits were in an amount greater than the person or persons who caused the car accident you may be able to collect from the uninsured coverage of your own Delaware car insurance policy. You could recover the amount of your personal injury damages that exceeded the at-fault driver’s insurance coverage, up to the limits of your coverage. For accidents occurring after January 3, 2014 the Delaware underinsured law changed so that you can now make a claim against your own underinsured motorist coverage limits regardless of the amount of the at-fault driver’s liability insurance coverage.  For example if the at-fault driver had liability coverage of $25,000.00 and you had underinsured motorist coverage of $15,000.00 you could make a claim against your underinsured coverage after you obtained the full amount of the at-fault driver’s coverage of $25,000.00.  Perfecting a Delaware underinsured claim must be done just right or you may forfeit your Delaware claim. This is why it is so important to work with an experienced attorney such as the personal injury lawyers at Knepper & Stratton. Call the Delaware law firm of Knepper & Stratton at (302)658-1717 in Wilmington, Newark and Middletown or (302)736-5500 in Dover, Kent or Sussex Counties.

Collecting Uninsured / Underinsured Coverage Insurance Benefits

To recover benefits under a Delaware uninsured or underinsured motorist policy, the victim typically needs to show that the other motorist was at fault for the car accident. The victim will also need to prove that his or her bodily injuries were caused by the negligence of the uninsured or underinsured driver in the auto accident. To collect damages under the Delaware underinsured motorist coverage policy, the victim first needs to exhaust the policy limits of the at-fault driver’s car insurance company. This is why it is so important to work with an experienced Delaware attorney such as the Delaware personal injury lawyers at the Delaware law firm of Knepper & Stratton. Call the Delaware law firm of Knepper & Stratton at (302)658-1717 in New Castle County or (302)736-5500 in Kent or Sussex Counties.

Stacking Delaware Uninsured & Underinsured Motorist Insurance Coverage

In Delaware in some limited instances under some insurance policies, an injured party may “stack” various Delaware insurance auto policies containing uninsured/underinsured motorist coverage, to reach a satisfactory level of uninsured/underinsured compensation. By stacking uninsured/underinsured coverage from more than one Delaware auto insurance policy, where permissible, the injured party increases the pool of money available for monetary recovery. Stackable coverage is not allowed in most instances. This is why it is so important to work with a Delaware attorney, experienced in perfecting Delaware uninsured/underinsured motorist insurance claims, such as the personal injury lawyers at Knepper & Stratton. Call a Delaware lawyer of Knepper & Stratton at (302)658-1717 in New Castle County or (302)736-5500 in Kent or Sussex Counties.

Contact a Delaware Personal Injury Attorney – Protect Your UIM/UM Claim

Delaware uninsured and underinsured motorist coverage protects auto accident victims when they are most vulnerable. Most every Delaware auto insurance policy has uninsured motorist coverage, however, the insured victim’s approach to the situation can change the level of uninsured/underinsured compensation he or she receives. Indeed, in Delaware you cannot make a claim for underinsured motorist coverage benefits if you settle your underlying claim prematurely with the at-fault motorist’s car insurance company without exhausting all the liability insurance coverage available under that policy. This is why it is so important to work with an experienced Delaware personal injury lawyer such as the attorneys at Knepper & Stratton. Call a car accident injury lawyer at the Delaware law firm of Knepper & Stratton at (302)658-1717 in New Castle County or (302)736-5500 in Kent or Sussex Counties.