Delaware Car Accident Settlement Calculator
Estimate a car accident settlement under Delaware law. The calculator applies this jurisdiction's own comparative fault rule and damages ceilings, and every figure below is the one our verified data holds, with the statute behind it and the date we checked it.
What Delaware law does to your claim
Three things in state law open a gap between two identical injuries in two different states: how long you have to file, what happens if you were partly at fault, and whether the state puts a ceiling on what a jury can award. Here is what we hold for this one.
Delaware bars recovery if plaintiff is 51% or more at fault.
10 Del. C. § 8132·Source retrieved 2026-07-27
None on record means our verified data holds no figure of this kind for this state. It is not a finding that no limit could apply to your claim.
Delaware car insurance law: minimums, PIP and uninsured motorist coverage
What Delaware's provisions say about the insurance behind a car accident claim, in their own words, with the copy read named under each.
Delaware: Minimum liability coverage
“[…] subject to limits exclusive of interest and costs, with respect to each such motor vehicle, as follows: $25,000, because of bodily injury to or death of 1 person in any 1 accident and, subject to said limit for 1 person $50,000, because of bodily injury to or death of 2 or more persons in any 1 accident, and $10,000, because of injury to or destruction of property of others in any 1 accident.”
The provision begins before this quote, and the part before it is not quoted here.
A minimum is a floor on what a policy must carry. It is not a limit on what a claim is worth, and it does not tell you what the at-fault driver carries.
Delaware: No-fault, personal injury protection and the right to sue
“Compensation to injured persons for reasonable and necessary expenses incurred within 2 years from the date of the accident for: 1. Medical, hospital, dental, surgical, medicine, x-ray, ambulance, prosthetic services, professional nursing and funeral services. Compensation for funeral services, including all customary charges and the cost of a burial plot for 1 person, shall not exceed the sum of $5,000. Compensation may include expenses for any nonmedical remedial care and treatment rendered in accordance with a recognized religious method of healing. 2. Net amount of lost earnings.”
“The minimum insurance coverage which will satisfy the requirements of subparagraph a. of this paragraph (a)(2)a. of this section is a minimum limit for the total of all payments which must be made pursuant to that subparagraph of $15,000 for any 1 person and $30,000 for all persons injured in any 1 accident. […]”
The provision continues past the end of this quote, and the rest is not quoted here.
Its effect on a suit:
“Any person eligible for benefits described in paragraph (a)(2) or (3) of this section, other than an insurer in an action brought pursuant to subsection (g) of this section, is precluded from pleading or introducing into evidence in an action for damages against a tortfeasor those damages for which compensation is available under paragraph (a)(2) or (3) of this section without regard to any elective reductions in such coverage and whether or not such benefits are actually recoverable.”
No limit on a suit for pain and suffering was found in the provisions read for this page (21 Del. C. § 2118).
Delaware: Uninsured and underinsured motorist coverage
“No policy insuring against liability arising out of the ownership, maintenance or use of any motor vehicle shall be delivered or issued for delivery in this State with respect to any such vehicle registered or principally garaged in this State unless coverage is provided therein or supplemental thereto for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured or hit-and-run vehicles for bodily injury, sickness, disease, including death, or personal property damage […]”
The provision continues past the end of this quote, and the rest is not quoted here.
“No such coverage shall be required in or supplemental to a policy when rejected in writing, on a form furnished by the insurer or group of affiliated insurers describing the coverage being rejected, by an insured named therein, […]”
The provision continues past the end of this quote, and the rest is not quoted here.
“The amount of coverage to be so provided shall not be less than the minimum limits for bodily injury and property damage liability insurance provided for under the motorist financial responsibility laws of this State. The coverage for property damage shall be subject to a $250 deductible […]”
The provision continues past the end of this quote, and the rest is not quoted here.
“Every insurer shall offer to the insured the option to purchase additional coverage for personal injury or death up to a limit of $100,000 per person and $300,000 per accident or $300,000 single limit, but not to exceed the limits for bodily injury liability set forth in the basic policy. Such additional insurance shall include underinsured bodily injury liability coverage.”
Delaware: Medical payments coverage
No medical payments coverage requirement was found in the provisions read for this page (21 Del. C. § 2118 and 18 Del. C. § 3902).
The personal injury protection benefits quoted above include medical expenses.
What partial fault costs you in Delaware
The same claim, fracture with surgery, several months of recovery, run through the calculator above four times, with nothing changed but the share of fault assigned to the claimant. The numbers are the engine's output, not an editorial claim about what these cases are worth.
One case, run through the calculator above four times with only the claimant's share of fault changed, under Delaware law. No coverage ceiling is applied, because we would be inventing the at-fault party's policy. These shares illustrate the rule; they are not an estimate of your own fault.
Every Delaware deadline we hold
A claim can be more than one kind of case, and the clock is different for each. These are the Delaware periods in our verified data, with the statute behind each one. A deadline is the outside limit, never a target, and other rules can shorten it.
10 Del. C. § 8119·Source retrieved 2026-07-27
Open the personal injury calculator18 Del. C. § 6856·Source retrieved 2026-07-27
Open the medical malpractice calculator10 Del. C. § 8107·Source retrieved 2026-07-27
Open the wrongful death calculator19 Del. C. § 2361·Source retrieved 2026-07-27
Open the workers compensation calculatorDelaware against the rest of the country
Every count below is read from our state-law data across all 51 jurisdictions, so it moves when the data does. What you will not find here is an average settlement figure: the only one we could compute is a model, and a model presented as a measurement is not a fact.
- 24 of the 51 jurisdictions we track apply modified comparative negligence with a 51% bar, and Delaware is one of them.
- Its 2 years to file is the same as the most common deadline in the country, which 25 jurisdictions use. Across the 51 jurisdictions the deadline for this case type runs from 1 year to 6 years.
- 7 of the 51 jurisdictions limit non-economic damages (pain and suffering) in our data and Delaware is not among them, so an estimate here is not held down by a ceiling we hold.
Comparisons are drawn from the legal levers that actually move a case value, not from closed-case data, which we do not hold. See the full methodology