How Does Delaware No-Fault PIP Work After a Crash?

Short answer: Delaware requires Personal Injury Protection (PIP) on registered motor vehicles. After a crash, your own PIP coverage typically pays covered medical expenses and lost earnings first — regardless of who caused the collision — up to your policy limits. You may still have a separate claim against an at-fault driver for losses PIP does not cover.

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What is Delaware PIP?

PIP is Delaware’s mandatory no-fault coverage under 21 Del. C. § 2118. “No-fault” means the insurer does not have to decide who caused the crash before paying covered PIP benefits. That is why PIP is usually the first place medical bills and lost wages go after a Delaware car accident.

PIP is not the same as liability insurance. Liability pays other people when you (or your covered driver) are at fault. PIP pays covered benefits for people injured in connection with the insured vehicle — even when fault is still being sorted out.

What does PIP pay for?

Under § 2118, PIP compensates injured persons for reasonable and necessary expenses incurred within two years of the accident for:

1. Medical and related care — including hospital, dental, surgical, medicine, x-ray, ambulance, prosthetic services, professional nursing, and funeral services (funeral coverage is capped at $5,000 per person, including customary charges and a burial plot for one person).
2. Net lost earnings — including net lost earnings of a self-employed person.
3. Substitute personal services — extra expenses for personal services the injured person would have performed if not injured.
4. Certain delayed surgical or dental procedures — if a qualified medical practitioner verifies in writing, within two years of the accident, that surgery or dental work is necessary and medically ascertainable but impractical or impossible to perform in that two-year window. Related medical costs and limited lost earnings tied to that procedure can still be payable.

Insurers must also tell injured persons that PIP coverage is generally for two years from the accident date, with the surgical/dental extension described above.

What are the minimum PIP limits?

The statutory minimum that satisfies § 2118 is $15,000 for any one person and $30,000 for all persons injured in any one accident, for the total of the PIP payments listed above. Many people buy higher limits. Higher limits can matter when treatment lasts months or when more than one person in the car is hurt.

Who can collect PIP?

In broad terms, § 2118 requires the coverage to apply to:

• Each person occupying the insured motor vehicle; and
• Any other person injured in an accident involving that motor vehicle, other than an occupant of another motor vehicle.

Named insureds and members of their households also get PIP protection in certain pedestrian and out-of-state scenarios described in the statute. Exact coverage still depends on the policy and the facts of the crash — which is why policy language and the claim notice matter.

How fast must the insurer respond?

Delaware law expects PIP claims to move. Under 21 Del. C. § 2118B, after a written request for PIP benefits with documentation that the treatment or expense is compensable, the insurer generally must pay what is due or explain a denial in writing within 30 days. Late payments can trigger statutory interest penalties. If a claim is stuck, options can include a civil action or Insurance Commissioner arbitration.

PIP vs. a claim against the other driver

PIP is usually the first layer for covered medical bills and lost earnings. It is not always the last.

If your losses go beyond what PIP pays — or include damages PIP does not cover, such as pain and suffering in a third-party claim — you may still pursue the at-fault driver’s liability insurance. Delaware’s modified comparative negligence rule can still allow recovery when you share some fault, as long as your share is not greater than the other side’s. Fault arguments do not erase the value of filing a proper PIP claim early.

For the wider post-crash checklist, see our Delaware Car Accident Guide. For the lawsuit filing window that can apply separately from PIP, see Delaware’s Two-Year Car Accident Injury Deadline.

Watch the deductible

Delaware allows owners to elect certain deductibles and similar reductions on PIP for expenses from injury to the owner or household members. A large deductible can shrink what is actually available. Example: a $15,000 / $30,000 PIP policy with a $10,000 deductible effectively leaves much less real coverage until you have absorbed that deductible. Once a crash happens, you generally cannot change the deductible that applied to that crash. See also our note on why to think carefully before buying a PIP deductible.

Practical steps after a Delaware crash

1. Get medical care and follow the provider’s advice.
2. Notify your auto insurer promptly and ask which coverage is handling medical bills and lost wages.
3. Keep bills, EOBs, wage records, and claim numbers.
4. Submit PIP expenses promptly — the statute expects expenses to be submitted as promptly as practical, and generally within two years after you receive them.
5. Be careful about recorded statements or quick settlements before you understand what they cover.
6. Get advice if benefits are delayed, denied, or about to exhaust.

Talk to Murphy & Landon

Murphy & Landon has represented injured people and families in Delaware since 1992, including car-accident and insurance-benefit disputes throughout the state. Consultations are free. Contact us or call 302-472-8100.

This page is general information about Delaware law, not legal advice for your situation. Statutes and policies change; confirm the current Code and your policy language before relying on any summary.

Frequently asked questions

How does Delaware no-fault PIP work after a crash?

Your own PIP coverage typically pays covered medical expenses and net lost earnings first, regardless of fault, up to your limits, for expenses incurred within two years of the accident (with limited surgical/dental extensions). You may still have a separate claim against an at-fault driver for additional losses.

Is Delaware a no-fault state?

Delaware is a no-fault state for the PIP portion of auto insurance. That does not mean you can never sue. It means covered PIP benefits are paid without first proving who caused the crash.

Does PIP pay if the crash was my fault?

Yes for covered PIP benefits under § 2118, subject to the policy and any elected deductible. Fault can still matter for a separate liability claim against another driver, or for a claim someone brings against you.

How long do I have to use PIP benefits?

Covered expenses generally must be incurred within two years of the accident. Certain necessary surgical or dental procedures verified in writing within that window can extend related coverage as described in § 2118.

What if the insurer denies or ignores my PIP claim?

Ask for the denial or delay reason in writing, keep submitting documentation, and get advice. § 2118B sets timing rules and remedies when payment is late.