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Delaware: rules and deadlines at a glance

Every 11 topic we track for Delaware on one page. Open a topic for the details, the law it comes from and how Delaware compares.

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Car insurance by state · Claim deadlines · Small claims limits · Total loss rules · Dog bite rules · Shared fault rules · Accident reporting rules · Phone-while-driving laws · Motorcycle helmet laws · Uninsured drivers

General information only, not legal, insurance or financial advice. Not affiliated with any government agency. Exceptions can apply; open a topic for the details.

Filing deadlines (statute of limitations)

Personal injury2 years
Property damage2 years

Car insurance by state

Minimum liability$25,000 / $50,000 / $10,000
Fault systemAt-fault, with required PIP
Shared-fault ruleModified comparative: barred at 51% fault or more

Claim deadlines

Acknowledge15 working days to respond; start investigating within 10 working days
Accept or deny30 days after proof of loss
PayNot set by rule

Small claims limits Single detailed source

Dollar limit$25,000 (Justice of the Peace Court)
Filing fee$35 to $45 for debt claims
LawyersNot needed for individuals

Total loss rules

Total loss ruleTotal loss formula

Dog bite rules Single detailed source

RuleStrict liability
DetailsStrict liability

Shared fault rules

RuleModified comparative negligence (51% bar)
When you are barredBarred if you are 51% or more at fault

Accident reporting rules

Report required ifDeath, injury, or over $500 damage
DeadlineImmediately

Phone-while-driving laws Single detailed source

Handheld banYes, all drivers (primary)
Texting banYes, primary

Motorcycle helmet laws Single detailed source

Law typePartial
Who must wear oneRiders under 19, and all riders for 2 years after getting an endorsement

Uninsured drivers Single detailed source

Drivers uninsured17.6%
UM/UIM coverageNot required (insurers must offer it)