The First Minutes Matter More Than You Think
Car accidents are overwhelming, especially when you’re hurt, shaken, or unsure what just happened. But in Delaware, what you do in the minutes, hours, and days after a crash can directly affect your ability to recover compensation.
This guide walks you through the important steps to take after a Delaware car accident.
Step 1: Call 911 and Report the Accident
If anyone is injured or if there’s significant property damage, call 911 immediately.
Under 21 Del. C. § 4201, drivers involved in accidents resulting in injury, death, or significant damage are required to report the crash. A police report creates an official record that insurance companies and courts rely on heavily.
Even if injuries seem minor, many serious conditions (like concussions or soft-tissue injuries) don’t show symptoms right away.
Step 2: Get Medical Attention Right Away
Your health comes first, always.
Even if you don’t go by ambulance:
- seek medical evaluation as soon as possible,
- follow up with your doctor, and
- follow all treatment recommendations.
Delaying care gives insurers ammunition to argue your injuries were minor, weren’t caused by the crash, or “weren’t that serious.” Medical records are the foundation of any injury claim.
Step 3: Document the Scene (If You Can)
If it’s safe to do so, gather basic evidence before vehicles are moved:
- photos of vehicle damage,
- photos of the roadway, skid marks, and debris,
- license plates and insurance information,
- names and contact information of witnesses.
You don’t need to investigate the fault, but preserving what you can helps later if liability is disputed.
Step 4: Exchange Information, But Be Careful What You Say
You should exchange:
- name and contact information,
- driver’s license details,
- insurance information.
Avoid:
- apologizing,
- speculating about fault,
- or giving recorded statements at the scene.
Fault determinations in Delaware are legal issues, not roadside conversations.
Step 5: Understand Delaware’s Fault Rules (This Matters)
Delaware follows a modified comparative negligence rule (10 Del. C. § 8132).
That means:
- You can recover damages only if you are 50% or less at fault.
- Your recovery is reduced by the percentage of fault you bear.
- If you are 51% or more at fault, you recover nothing.
This rule is one reason early statements and assumptions can come back to hurt you.
Step 6: Notify Your Insurance Company, Carefully
Most policies require prompt notice of an accident. Report the crash, but keep it factual and limited.
You are not immediately required to give a detailed recorded statement, especially to the other driver’s insurance company. Once something is said, the damage is done, and it can’t be unsaid.
Step 7: Delaware Is a PIP State, So Use Your Benefits
Delaware is a Personal Injury Protection (PIP) state per 21 Del. C. § 2118. That means your own auto insurance typically pays:
- medical bills,
- lost wages,
- and certain out-of-pocket expenses,
regardless of who caused the accident, up to your policy limits.
PIP benefits often apply before liability issues are resolved, but they don’t cover everything.
Step 8: Don’t Assume the Insurance Company Is on Your Side
Insurance adjusters are trained to:
- minimize payouts,
- question treatment,
- and shift blame where possible.
Early settlement offers often come before the full extent of injuries is known. Accepting one can permanently close your claim, even if complications arise later.
Step 9: Keep Track of Everything
Start a simple file:
- medical bills and records,
- prescriptions,
- missed work documentation,
- repair estimates,
- insurance correspondence.
This documentation strengthens your claim and reduces the risk of denial by the insurance company or of later disputes.
Step 10: Talk to a Lawyer Before Making Big Decisions
You should strongly consider legal guidance if:
- You were injured,
- The fault is denied or disputed,
- Multiple vehicles were involved,
- A commercial or uninsured driver is involved,
- Injuries are serious or ongoing, or
- An insurer is pressuring you to settle.
Strict rules and deadlines govern Delaware injury claims. Mistakes made early are often impossible to fix later.
Delaware’s Time Limit Matters
Most car accident injury claims in Delaware must be filed within two years of the accident date (10 Del. C. § 8119). Waiting too long can permanently bar recovery.
Talk With Rhoades & Morrow
If you were injured in a Delaware car accident, Rhoades & Morrow can review what happened, explain your options, and handle communications with insurers so you can focus on recovery.
We help clients across Delaware protect their rights from day one, not after leverage is already lost.
Free consultation. No upfront fees.
