Augment LeadsA working page for Delaware intake teams and attorneys, with sourced crash data, Delaware's fault and filing rules and state-specific screening questions. For a side-by-side view, use the car accident leads by state hub.
Fatal crashes in Delaware: the 2024 figures
Crashes killed 126 people in Delaware during 2024. That's 12.0 deaths per 100,000 population, 24th highest nationally, and 1.27 per 100 million miles traveled.
- Of 62 passenger vehicle occupants killed in Delaware, 36 (58%) were unrestrained; nationally, 43%.
- People on foot: 28 pedestrian deaths, or 22% of the Delaware total (18% nationally).
- Bicyclists: 4 killed, 3% of deaths in Delaware, compared with 3% for all states combined.
- Motorcyclists: 22 deaths, 17% of Delaware's total, against 16% across all states.
Figures come from the Insurance Institute for Highway Safety's state-by-state fatality table (FARS data); the national comparisons add up all 51 rows.
Delaware fault, insurance and deadline rules
How Delaware auto insurance works
Delaware isn't one of the 12 no-fault states listed by the Insurance Information Institute, so injury claims run through the at-fault driver's liability insurance.
Delaware still requires personal injury protection. Under 21 Del. C. 2118, every registered vehicle must carry PIP for reasonable and necessary expenses incurred within two years of the accident, with minimum limits of $15,000 for any one person and $30,000 per accident. Under 2118(h), damages for which PIP compensation is available can't be pleaded or introduced in the injury lawsuit.
Minimum liability coverage
21 Del. C. 2902 sets minimum liability limits of $25,000 for bodily injury to or death of one person, $50,000 for two or more people and $10,000 for property damage.
Fault and recovery
Delaware uses modified comparative negligence. Under 10 Del. C. 8132, a plaintiff's negligence doesn't bar recovery if it was not greater than the negligence of the defendant, or the combined negligence of all defendants against whom recovery is sought; damages are reduced in proportion to the plaintiff's negligence.
Time limit to sue
10 Del. C. 8119 bars an action for personal injuries brought more than two years from the date the injuries were sustained.
Statutes change, so treat this as general information and confirm with the source.
Delaware intake checklist
- Ask whether PIP is paying the caller's medical bills and lost earnings. Under 21 Del. C. 2118(h), damages PIP covers can't be pleaded against the other driver, so the case value sits above them.
- Note treatment dates. PIP covers expenses incurred within two years of the accident, the same two years the injury suit has under 10 Del. C. 8119.
- Confirm the date of the collision early in the call. 10 Del. C. 8119 gives two years, and an attorney should check anything approaching it.
- Ask whether the other driver's insurer has been in touch, and note whether the caller carries underinsured coverage; Delaware requires only $25,000 per person in bodily injury liability.
- Ask, without judgment, whether everyone in the vehicle was belted. 58% of occupants killed in Delaware in 2024 were unrestrained, so record the answer plainly for the attorney.
- Ask whether the caller was walking or standing near the road when hit; pedestrians made up 22% of Delaware crash deaths in 2024. Route those to your pedestrian accident screen.
Buying Delaware MVA leads from us
Augment Leads is a Canada-based company, founded in 2025, generating 10,000+ leads a month for US injury firms. A Delaware lead is exclusive to your firm, screened against your filters and replaced if it's unqualified. Details: MVA leads and exclusive vs shared leads.
Spanish-speaking MVA leads are part of our regular product.
Frequently asked questions
How long does an injured person have to sue after a car accident in Delaware?
Two years under 10 Del. C. 8119, with exceptions that can shorten or extend it.
Does Delaware require PIP coverage?
Yes. 21 Del. C. 2118 requires personal injury protection with minimum limits of $15,000 for one person and $30,000 per accident, on top of liability coverage.
What car insurance does Delaware require?
21 Del. C. 2902 sets minimum liability limits of $25,000 for bodily injury to or death of one person, $50,000 for two or more people and $10,000 for property damage.
How many people died in Delaware car crashes in 2024?
IIHS counted 126 crash deaths in Delaware in 2024, or 12.0 per 100,000 people.
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