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Understanding Insurance Laws After a Truck Accident in Delaware

— March 10, 2022

Usually, the insurance company will simply offer you a settlement rather than allowing the case to go to trial.

Insurance will likely play a significant role in your personal injury claim after a truck accident in Delaware. Like every state, Delaware has its own unique laws when it comes to car insurance. It’s important to gain a basic understanding of these laws at the very least, as they have the potential to greatly impact your ability to recover a settlement. So how exactly does Delaware handle car insurance, and how might this affect your semi-truck injury claim?

Although internet research is always a good first step, it also helps to get advice from an expert. One of your very first moves should be to connect with a qualified, experienced truck accident attorney. These legal experts have a considerable understanding of the state’s insurance laws, and they can explain complex matters in clear, concise ways. Once you feel confident about your case, you can strive for a fair, adequate settlement with the help of your attorney. 

Delaware’s Somewhat Complex Car Insurance Laws

Most states follow either a system of “fault-based” or “no-fault” car insurance. Delaware is somewhat unique, as it combines some elements of both systems. As such, it is sometimes referred to as an “add-on” no-fault state. Some simply refer to it as a “tort state,” which means that motorists have the ability to sue other drivers for negligence. While this is true, Delaware also requires you to obtain a type of no-fault insurance called Personal Injury Protection, otherwise known simply as “PIP.”

Medical professionals working; image by Piron Guillaume, via
Medical professionals working; image by Piron Guillaume, via

This means that you can either turn to your own Personal Injury Protection insurance for compensation after a truck accident, or you can sue the negligent trucker or trucking company. Turning to your own PIP insurance allows you to recover compensation relatively quickly, but it comes with a few downsides. Perhaps most notably, you cannot claim non-economic damages, such as pain and suffering. If you have suffered a serious, life-altering injury, it may be worth suing the negligent party in addition.

Trucking Companies are Heavily Insured

It’s also worth pointing out that trucking companies are almost always heavily insured. This means that they have the necessary funds to pay out large sums of money if they are sued. Usually, the insurance company will simply offer you a settlement rather than allowing the case to go to trial, and this can result in a relatively quick payout. 

Enlist the Help of a Qualified Attorney Today

If you’ve been searching the Wilmington area for a qualified, experienced truck accident attorney, there are many legal professionals who can assist you. With their help, you can strive towards a considerable settlement for your injuries. This financial compensation can be crucial, especially if you’re struggling with missed wages while simultaneously trying to pay for your medical treatment. Book your consultation today, and you can step confidently towards a positive legal outcome. 

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