What to Do After a Car Accident in Delaware

Last updated: October 8, 2026

Short answer: If you’re hurt in a Delaware car crash, stay at the scene, call 911, and make sure police are notified. Delaware law requires a report when anyone is injured. Exchange information, photograph the scene, and get medical care the same day. Then open a PIP claim with your own insurer, avoid quick settlements, and note the two-year lawsuit deadline.

Call 302-472-8100 if you want a free case review. The first conversation is free.

The 10-step checklist for injured drivers in Delaware

Do what you safely can. If you were taken by ambulance, ask a family member to help with steps 3, 4 and 9 later.

1. Stop, stay at the scene, and check for injuries

Stop right away, stay at or near the scene, and check whether anyone is hurt.

Delaware law requires a driver in a crash with apparent property damage to stop immediately at or as near the scene as possible, without blocking traffic more than necessary, and to make reasonable efforts to find out whether anyone was injured. 21 Del. C. § 4201(a)

If no one is hurt and a damaged vehicle is blocking traffic, the statute asks drivers to make reasonable efforts to move it.
In an injury crash, safety comes first. Turn on your hazard lights, and don’t move a seriously injured person unless there is immediate danger, such as fire. The Delaware Department of Insurance’s Auto Insurance Guide gives the same advice.
Leaving the scene of a Delaware crash can bring criminal penalties and license revocation under §§ 4201 and 4202.

2. Call 911 and report the crash to police

If anyone is hurt, call 911. Delaware law requires an injury crash to be reported to police.

In an injury crash, a Delaware driver must stop, give their information, and render reasonable assistance. That includes getting an injured person to medical care when needed, or contacting law enforcement or emergency personnel and waiting for them to arrive. 21 Del. C. § 4202(a)

Under 21 Del. C. § 4203(a), a driver must immediately report a collision to the police agency with jurisdiction when:

the collision causes injury or death;
it happens on a public highway and causes apparent property damage of $2,000 or more; or
a driver appears to be impaired by alcohol or drugs.

Other crashes may still be reported (§ 4203(b)). The plain takeaway: if you’re hurt, the crash must be reported. Calling 911 usually takes care of it.

Ask the officer for their name, their agency (Delaware State Police or the local department), and the report or incident number. Keep the collision information exchange form if you’re given one; you’ll need it in step 9. When police ask whether you’re hurt and you aren’t sure, say you aren’t sure rather than “no.”

3. Exchange information with the other driver

Trade the information Delaware law requires, then collect a little more.

Delaware drivers must give their name, address, and vehicle registration number, and show a driver’s license, to the other driver, occupants, or property owner. 21 Del. C. § 4201(b); § 4202(a)

Also collect:

the insurance company and policy number;
the plate number and the vehicle’s make, model, and color;
the owner’s name, if different from the driver; and
names and phone numbers of passengers and witnesses.

If the other driver agrees, photograph their license, registration, and insurance card.

4. Document the scene, the vehicles, and your injuries

Take photos and notes while the details are still there.

Photograph or video every vehicle, including damage and final positions, plus plates, skid marks, debris, traffic signals and signs, road and weather conditions, and visible injuries. Take wide shots and close-ups.
Write down the time, location, direction of travel, and what you remember, while it’s fresh.
Note nearby businesses or homes that may have cameras, and save any dashcam footage.

Don’t step into traffic or get in the way of police to take pictures. In a Delaware claim, your own photos and notes can fill in details a crash report leaves out.

5. Get medical care right away, even if you feel okay

Get evaluated the same day or as soon as possible, and tell the provider it was a car crash.

Go by ambulance if it’s offered and needed. Otherwise, use the ER, urgent care, or your own doctor. Some injuries, such as concussions, neck and soft-tissue injuries, and internal injuries, may not cause symptoms right away. If pain shows up a day or two later, get seen then; our page on a rear-end crash with a neck injury explains why that timing matters.

Follow your provider’s advice and keep your appointments. Gaps in care are something insurers often point to. In Delaware, your own PIP coverage is usually the first source for covered medical bills (see step 7). This is general information, not medical advice.

6. Be careful what you say about fault

Be polite, but don’t apologize, guess, or argue about who caused the crash.

That goes for the scene, phone calls with insurers, and social media. Fault matters in Delaware because of the comparative negligence statute, 10 Del. C. § 8132. Under it, an injured person can still recover if their own negligence was not greater than the negligence of the defendant (or all defendants combined). Their damages are reduced in proportion to their share of fault. If their share is greater, they recover nothing on that claim.

A quick “sorry” at the scene can be raised later in an argument about that share. Stick to the facts.

7. Notify your own insurer and open a PIP claim

Report the crash to your own insurer promptly and ask for a PIP claim number.

Delaware requires Personal Injury Protection (PIP) on registered vehicles. 21 Del. C. § 2118 PIP pays covered benefits regardless of fault, for reasonable and necessary expenses incurred within two years of the accident: medical and related care, net lost earnings (including for the self-employed), substitute personal services, and funeral expenses up to $5,000. The minimum is $15,000 per person and $30,000 per accident.

After a written request with documentation, the insurer generally must pay what’s due or explain a denial in writing within 30 days. 21 Del. C. § 2118B

Ask who is handling medical bills and lost wages. Check whether your policy has a PIP deductible, which can shrink the coverage you actually get; here is why to think carefully before buying a PIP deductible. For the details, read how Delaware no-fault PIP works after a crash.

8. Be cautious with the other driver’s insurance company

Ask who is calling, what they need, and when you must respond before saying anything else.

Note the adjuster’s name and the claim number. Think before giving a recorded statement, signing a medical authorization or release, or accepting an early settlement. A release generally ends the claim, and early offers often come before the full extent of an injury is known.

Your own policy may require you to cooperate with your insurer. You generally don’t have to give a recorded statement to the other driver’s insurer. Get advice first if you’re unsure.

PIP pays first, but it doesn’t cover everything. You may still have a claim against the at-fault driver’s liability insurance for losses PIP doesn’t pay. Delaware’s minimum liability limits are $25,000 per person and $50,000 per accident for bodily injury, and $10,000 for property damage. 21 Del. C. § 2902 That is one reason a serious injury can exceed the at-fault driver’s coverage (see if the other driver is uninsured or drove off).

9. Start a claim file and get the crash report

Keep everything about the crash in one place, on paper or on your phone.

medical records and bills, EOBs, prescriptions, and receipts;
mileage to and from appointments;
proof of missed work, such as pay stubs;
repair estimates, vehicle photos, and rental receipts;
every letter, email, and text from an insurer, with claim numbers; and
a short daily symptom journal. Be honest about good days and bad days.

Use the report number from step 2 to request the crash report (see how to get your Delaware crash report). Don’t put off a call because you don’t have every document.

10. Know your deadlines and get advice before big decisions

Most Delaware car-accident injury lawsuits must be filed within two years.

The deadline runs from the date the injuries were sustained. 10 Del. C. § 8119 Insurance negotiations don’t pause that clock. Wrongful-death claims have their own two-year period, which runs from when the claim accrues, generally the date of death. 10 Del. C. § 8107 Claims involving a government vehicle or agency may also have separate notice requirements. Read more about Delaware’s two-year car accident injury deadline.

People often call when injuries aren’t improving, fault is disputed, an insurer is pushing for a statement or release, PIP is running out, the other driver was uninsured or left the scene, or a commercial vehicle such as a truck was involved. If any of these apply, a free conversation can help you understand your options.

Delaware rules at a glance

Question	Delaware rule	Source
Must I stop?	Yes. Stop at or near the scene and check whether anyone is hurt	21 Del. C. § 4201(a)
Must I help an injured person?	Yes. Render reasonable assistance, including contacting emergency personnel	21 Del. C. § 4202(a)
When must police be notified?	Immediately, if there is injury or death, $2,000+ apparent damage on a public highway, or an impaired driver	21 Del. C. § 4203(a)
What info must drivers exchange?	Name, address, registration number; show driver’s license	21 Del. C. §§ 4201(b), 4202(a)
Who pays my medical bills first?	Usually your own PIP, regardless of fault (minimum $15,000 / $30,000; expenses within 2 years)	21 Del. C. § 2118
How fast must PIP pay?	Pay or explain a denial in writing within 30 days of a documented written request	21 Del. C. § 2118B
Can I recover if partly at fault?	Yes, if your fault is not greater than the other side’s; damages are reduced by your share	10 Del. C. § 8132
Lawsuit deadline?	Generally 2 years from injury	10 Del. C. § 8119

What not to do after a Delaware crash

Don’t leave the scene.
Don’t skip the police report when anyone is hurt.
Don’t apologize or guess about fault.
Don’t skip or delay medical care.
Don’t give the other driver’s insurer a recorded statement before you understand what it’s for.
Don’t sign a release or accept a check before treatment has run its course and you understand what it settles.
Don’t post about the crash or your injuries on social media.
Don’t assume talking to an adjuster protects the two-year deadline.

If the other driver is uninsured or drove off

Delaware auto policies must include uninsured and hit-and-run motorist coverage unless the named insured rejected it in writing. 18 Del. C. § 3902(a) Underinsured coverage, if you bought it, can apply when the at-fault driver’s limits are less than your damages (§ 3902(b)).

For a hit-and-run claim, the statute requires that the accident be reported to police and that you notify your insurer within 30 days, or as soon as practicable (§ 3902(a)(3)). The Delaware Department of Insurance’s Auto Insurance Guide also notes that a police report is needed for an uninsured motorist claim. That is one more reason to call 911 at the scene.

How to get your Delaware crash report

For crashes handled by Delaware State Police, requests are by mail only: Delaware State Police Traffic Operations Section, P.O. Box 430, Dover, DE 19903. Include a copy of your collision information exchange form and a check or money order: $25 for a standard report or $60 for a fatal crash report. There are no walk-ins; questions go to (302) 739-5931. Details are on the Delaware State Police Traffic Unit page.

If a city or county department responded, request the report from that agency. Delaware crash reports aren’t public records. They are available to the people involved, their legal representatives, and insurers, and you’ll need proof of identity. 21 Del. C. § 313

Does my case count?

No one can answer that honestly without the facts. In a free case review, we can listen to what happened, ask about injuries and available information, and explain whether Murphy & Landon may be able to help. A review is not a promise of a case or a result.

For a fuller look at how a Delaware car-accident claim works and when it may help to involve a lawyer, see our Delaware car accident representation and case review.

When a crash causes a serious injury or death

A major injury can affect work, family responsibilities, and future care. See what families may want to preserve after a serious injury for more. If a pedestrian or bicyclist was hit, our pedestrian and bicycle accident guide covers evidence that can be especially important. When a family has lost someone, our wrongful death page explains how those claims work.

Delaware crash help, without a crash-news feed

Murphy & Landon serves injured people and families across Delaware, including Wilmington, Newark, New Castle, Bear, Hockessin, Middletown, Kent County, and Sussex County. Roads such as Route 13, I-95, I-495, Route 1, Kirkwood Highway, Limestone Road, and the coastal corridor can make scene information and witness details harder to sort out after a crash. The next step is still the same: preserve what you can and focus on your recovery.

If you are looking for a current crash update, use local public-safety or news sources. If you or a family member was hurt, this guide is about what to do for yourself.

What happens when I call?

You can share the basics in plain language—what happened, your injuries, and what you’ve already saved. We’ll explain what those details usually mean and what may happen next, and answer your questions about cost and process. The first conversation is free, and there is no obligation to hire us. Murphy & Landon has represented injured people and families in Delaware since 1992. Contact Murphy & Landon when you are ready.

This page is general information about Delaware law, not legal advice for your situation. Laws and insurance policies change; confirm the current Delaware Code and your policy language before relying on any summary. Reading this page does not create an attorney-client relationship.

Frequently asked questions

What should an injured driver do after a car accident in Delaware?

Stay at the scene, call 911, and make sure police are notified, because Delaware requires a report when anyone is injured (21 Del. C. § 4203). Exchange information, take photos, and get medical care the same day. Then open a PIP claim with your own insurer (21 Del. C. § 2118), be careful with recorded statements and releases, and keep the two-year lawsuit deadline in mind (10 Del. C. § 8119).

Do I have to report a car accident to the police in Delaware?

Yes, in many crashes. Under 21 Del. C. § 4203, a driver must immediately report a collision to police if anyone is injured or killed, if it happens on a public highway and causes apparent property damage of $2,000 or more, or if a driver appears to be impaired by alcohol or drugs. Other crashes may be reported voluntarily.

Is Delaware a no-fault state? Who pays my medical bills?

Delaware is no-fault for PIP. Your own PIP coverage usually pays covered medical bills and lost earnings first, regardless of fault, up to your limits (at least $15,000 per person and $30,000 per accident), for expenses incurred within two years of the crash (21 Del. C. § 2118). You may still have a claim against an at-fault driver for losses PIP does not cover.

Should I see a doctor if I feel fine after a crash?

Yes. Get evaluated promptly and tell the provider it was a car crash. Some injuries, such as concussions and neck or soft-tissue injuries, may not cause symptoms right away. Medical records also connect your treatment to the crash. In Delaware, your own PIP coverage typically pays for covered care first. Follow your provider's advice.

Do I have to give a recorded statement to the other driver's insurance company?

Generally, no. Your own policy may require you to cooperate with your own insurer, but you generally don't have to give a recorded statement to the other driver's insurer. Before giving any recorded statement or signing a medical authorization or release, pause and make sure you understand what it is for. Get advice first if you're unsure.

How do I get a copy of my Delaware crash report?

For a Delaware State Police crash, request it by mail from the DSP Traffic Operations Section with a copy of your collision information exchange form and the fee ($25, or $60 for a fatal crash). If a local police department responded, ask that agency. Crash reports go only to the people involved, their legal representatives, and insurers (21 Del. C. § 313).

How long do I have to file a car accident injury lawsuit in Delaware?

Generally two years from the date the injuries were sustained (10 Del. C. § 8119). Talking with an insurance adjuster does not stop that clock. Wrongful-death claims also have a two-year period (10 Del. C. § 8107), generally measured from the date of death. Claims involving a government entity can have separate notice requirements, so check early.

Can I still recover if I was partly at fault for a Delaware crash?

Yes, if your share of fault is not greater than the other side's. Under 10 Del. C. § 8132, Delaware reduces your damages in proportion to your share of fault. If your negligence is greater than that of the defendant, or of all defendants combined, you cannot recover on that claim.