What Happens If You Have a Car Accident Without Insurance in Delaware?

Delaware is a fault state in that the at-fault driver bears responsibility for the losses suffered by other drivers after a car accident, and thus, every driver has to carry minimum liability insurance. However, drivers must also carry PIP insurance, meaning they can seek compensation from their insurers. 

If a driver seeks compensation through their insurer in an accident where the other driver was at fault, their insurer may have to pursue a subrogation claim against the at-fault party’s insurer. 

Things can get a little complicated if you get into an accident while not insured. This guide explores what happens in such situations.

Criminal Penalties

“Carrying minimum insurance coverage is a legal requirement in Delaware, so a failure to comply results in legal consequences,” explains car accident lawyers at the of The Law Offices of Doroshow, Pasquale, Krawitz and Bhaya. 

These penalties include a fine of $1,500 for a first-time offender and $3,000 for subsequent offenses. Also, repeat offenders can have their license suspended, which comes with increased premiums upon reinstatement upon purchasing insurance coverage from a provider. 

Under some circumstances, such as death resulting from the accident, you could face time in jail. Besides the legal consequences, not having insurance coverage leaves you exposed and could limit your ability to recover compensation for your injuries. Recovery limitations depend on the circumstances under which the accident occurs.

In a One-Car Accident

As mentioned earlier, in Delaware has some elements of a no-fault approach to auto insurance. Every driver can seek compensation for medical bills and lost wages from their own insurer. If you are involved in a one car accident say with a deer, and you are uninsured, you will have no automobile insurance coverage for these losses.

Where You Are Not at Fault

If you are injured due to the fault of another driver, with the help of one of our injury lawyers, you can seek compensation for wages and medical bills from your own insurance company. In addition, it the person that injured you is uninsured or does not have enough insurance to fully compensate you for your pain and suffering, you can turn to the uninsured/underinsured provision of your own insurance policy to try to obtain full compensation. If you have no insurance, you might not be able to be fully compensated.

Where You Are at Fault

Being a fault state, the at-fault driver in a Delaware auto accident bears the financial responsibility for the accident. Comparative negligence considerations may apply. As to medical bills and last wages, in most cases, each driver can file a claim through their own insurer for PIP coverage. However, if the other driver has been injured due to your negligence or fault and has medical bills or lost wages that exceed the other driver’s PIP coverage, they can proceed against you.  They can also seek non-economic damages such as pain and suffering, and they would pursue a claim against you. Usually this is accomplished by their contacting your insurance company that will negotiate and try to settle the claim that was brought against you.  If you do not have insurance though, or do not have enough insurance, a suit might be filed against you. If you do not have the personal funds to cover the damages, a lien might be placed on your property.  

If the Other Driver Is Not Insured

If the other driver is not insured, and you have no insurance, your only option to recover lost wages, medical expenses and pain and suffering is to sue the other driver directly. If they own no property or assets, however, you may spend more money on litigation than you can ever hope to recover. If you have uninsured motorist coverage, however, you can turn to your own policy to recover these losses. A Bear car accident lawyer can help you maximize the recovery you are entitled to.