Steps to Take if You’re Hit by an Uninsured Driver in Delaware

Getting hit by an uninsured driver in Delaware leaves you in a frustrating position. Your car is damaged, you may be injured, and the person responsible has no insurance to cover your losses. This situation is more common than most people realize. According to the Insurance Research Council, roughly one in eight drivers nationwide is uninsured, and Delaware is no exception to that trend.

Knowing the right steps to take immediately after the crash, and in the days that follow, can make a meaningful difference in what you recover.

What Should You Do at the Scene?

Call 911 immediately, document everything you can, and never skip the police report. It may become important evidence in your uninsured motorist claim.

Safety comes first. Move to a safe location if your vehicle allows it, then call 911. Delaware law requires drivers to immediately report collisions to the police when the collision results in injury or death, when it occurs on a public highway and results in apparent property damage of $2,000 or more, or when it appears that a driver’s physical ability is impaired by alcohol or drugs. A police report creates an official record of the collision and may provide important documentation for an uninsured motorist claim.

While you wait for officers to arrive:

• Photograph the scene, both vehicles, visible injuries, road conditions, and any skid marks
• Collect the other driver’s name, address, license plate number, and driver’s license number
• Get contact information from witnesses before they leave
• Avoid making statements about fault to anyone at the scene

If you are injured, accept medical attention from first responders, even if you feel fine. Symptoms from whiplash, internal injuries, and concussions often surface hours or days later.

Should You See a Doctor Even if You Feel Okay?

Yes. Seeking prompt medical care can protect your health and create documentation that supports your Delaware uninsured motorist claim.

Gaps in medical treatment give insurance companies a reason to argue your injuries were not serious or were not caused by the crash. Seek medical attention promptly after the crash, particularly if you experience pain, dizziness, headaches, confusion, or other symptoms. Follow your healthcare provider’s recommendations and keep records of your treatment, prescriptions, and out-of-pocket expenses.

Your medical records become the backbone of your claim. Without them, proving the extent of your injuries and the financial impact they caused becomes significantly harder.

How Does Uninsured Motorist Coverage Work in Delaware?

Delaware generally requires automobile liability policies issued for vehicles registered or principally garaged in Delaware to include uninsured motorist coverage, unless the coverage is rejected in writing as permitted by law. If you have applicable coverage, your own policy may cover your injuries and damages after a crash with an uninsured driver.

Under Delaware Code Title 18, Section 3902, automobile liability policies issued for vehicles registered or principally garaged in Delaware generally must include uninsured motorist coverage unless the coverage is properly rejected in writing. If you have applicable coverage, you can file a UM claim directly with your own insurance company after being hit by an uninsured driver.

UM coverage may provide compensation for losses covered by the policy, which can include:

• Medical expenses and rehabilitation costs
• Lost income resulting from covered injuries
• Pain and suffering and other damages arising from bodily injury
• Covered personal property damage, subject to the applicable policy terms and deductible

Review your declarations page carefully. The amount available under a UM claim depends on the coverage limits, policy terms, and circumstances of the accident. Your declarations page and full policy should be reviewed to determine the applicable coverage. If your damages exceed the available coverage, other legal avenues may still be available to you.

Can You Sue an Uninsured Driver Directly?

You can file a civil lawsuit against an uninsured driver in Delaware, but collecting a judgment depends on whether that driver has assets or income to pursue.

Filing a lawsuit directly against the at-fault driver is a legal option under Delaware law. If a court awards you a judgment, you may have legal options for attempting to collect the judgment, depending on the defendant’s assets, income, and applicable Delaware collection procedures. The practical challenge is that many uninsured drivers lack the financial resources to satisfy a judgment.

This is why UM coverage is so valuable. It allows you to recover compensation through your own insurer without depending on the other driver’s finances.

If you do not have applicable uninsured motorist coverage, an attorney can help you evaluate whether you have other potential sources of compensation and whether pursuing a claim directly against the at-fault driver is practical.

What Deadlines Apply to Your Claim?

Delaware’s statute of limitations for personal injury claims is two years from the date of the crash. Missing an applicable statute of limitations can bar a lawsuit, subject to any exceptions that may apply to the particular claim.

Under Delaware Code Title 10, Section 8119, you generally have two years from the date of the accident to file a personal injury lawsuit against the person responsible for the crash. An uninsured motorist claim against your own insurance company is generally treated as a contract claim under Delaware law, and a different statute of limitations may apply. In Delaware, courts have held that the statute of limitations for a UM benefits action is generally governed by the three-year limitation period applicable to contract claims, with the claim accruing upon the insurer’s denial of benefits.

Two years may feel like plenty of time, but evidence disappears, witnesses become harder to locate, and insurance negotiations can drag on. Starting the process early protects your position.

Notify Your Insurance Company Promptly

Most auto insurance policies require you to report accidents within a reasonable time, and some set strict deadlines. Notify your insurer as soon as possible after the crash. Provide factual information, but be cautious about giving recorded statements before consulting an attorney. Insurance companies, even your own, are looking to limit what they pay out.

How Abram, Gulab & Hutchison Can Help

Dealing with an uninsured driver claim in Georgetown or anywhere in Sussex County can involve insurance negotiations, potential litigation, and important deadlines that vary depending on the type of claim. At Abram, Gulab & Hutchison, we work with clients who have been injured in crashes and help them understand every option available under Delaware law.

If you were hit by an uninsured driver and want to understand what your claim may be worth, call us at 302-405-7010 or contact us to discuss your situation. You deserve clear answers, and we are here to provide them.