After a car accident in Delaware, your first priorities are safety, documentation, and timely reporting. Delaware law requires you to report accidents involving injury or $500 or more in property damage. Failing to properly document the scene or notify your insurer quickly can complicate your claim or result in a denial. This guide walks you through every step, from the moment of impact to filing your insurance claim.
Delaware Law Requirement
You must report any accident resulting in injury, death, or $500 or more in property damage to the Delaware State Police or local law enforcement. Drivers involved in accidents are also required to stop, render aid, and exchange information.
10 Steps to Take After a Car Accident in Delaware
- 1
Stop and Stay Calm
Delaware law requires you to stop immediately after any accident. Leaving the scene, even a minor one, is a criminal offense. Take a breath, turn on your hazard lights, and prepare to move the vehicle out of traffic if it is safe and the vehicle can be moved.
- 2
Check for Injuries
Before anything else, check yourself and your passengers for injuries. Then check on the occupants of the other vehicle. Do not move anyone who may have a neck or back injury unless they are in immediate danger from fire or traffic.
- 3
Call 911
Call 911 if there are any injuries, if a vehicle is blocking traffic and cannot be moved, or if you suspect the damage exceeds $500. In Delaware, a police report is valuable documentation for your insurance claim even when not legally required. Always request a copy of the police report number at the scene.
- 4
Move to Safety
If vehicles can be driven and it is safe to do so, move them to the shoulder or a nearby parking lot to avoid blocking traffic and creating additional hazards. Turn on hazard lights and use road flares or reflective triangles if available.
- 5
Exchange Information with the Other Driver
Collect and share the following with all drivers involved:
- Full name, address, and phone number
- Driver's license number and state
- Vehicle make, model, year, and color
- License plate number and state
- Insurance company name and policy number
- 6
Document the Scene
Use your phone to photograph everything before vehicles are moved if possible. Take pictures of all vehicle damage from multiple angles, the overall accident scene, road conditions, traffic signals or signs, skid marks, and any visible injuries. More documentation is always better than less.
- 7
Get Witness Information
If there are bystanders who witnessed the accident, ask for their names and phone numbers. Independent witnesses can be critical if fault becomes disputed later during the claims process.
- 8
Do NOT Admit Fault at the Scene
Avoid saying "I'm sorry," "It was my fault," or any statement that could be interpreted as an admission of liability. Even if you think you were responsible, fault is a legal determination made by insurers and sometimes courts based on all available evidence. Statements made at the scene can be used against you later. Be polite but do not discuss fault.
- 9
Notify Your Insurance Company Within 24 Hours
Contact your insurer as soon as possible after leaving the scene. Most policies require "prompt" notification, and delays can create problems with your claim. Have your photos, police report number, and the other driver's information ready when you call. Your insurer will open a claim file and assign a claims adjuster.
- 10
Seek Medical Attention Even If You Feel Fine
Adrenaline can mask injury symptoms for hours or days after an accident. Whiplash, concussions, and soft-tissue injuries often do not produce pain immediately. In Delaware, your PIP coverage pays your medical bills regardless of fault, so there is no financial barrier to seeking evaluation. A documented medical visit also creates a record that is valuable if your injuries worsen later.
How PIP Works After an Accident in Delaware
Delaware is a modified no-fault state. This means your own Personal Injury Protection (PIP) coverage is the first payer for your medical bills and lost wages after an accident, regardless of who caused it. You do not need to prove the other driver was at fault to access your PIP benefits.
How PIP Works in Practice
File a PIP claim with your own insurer immediately after an accident. Your insurer pays covered medical expenses and lost wages up to your PIP limit ($15,000 per person minimum). Only after your PIP is exhausted, or if your injuries meet Delaware's serious injury threshold, can you pursue additional compensation through the at-fault driver's liability coverage.
When to Consider Getting a Lawyer
Not every accident requires legal representation. For minor fender benders with no injuries and clear-cut fault, the claims process is usually straightforward. Consider consulting a personal injury attorney if any of the following apply:
You have significant injuries, including fractures, surgery, or permanent impairment
The other driver's insurer is disputing fault or denying the claim
Your medical costs are approaching or exceeding the other driver's liability limits
There are multiple vehicles or drivers involved and fault is unclear
A commercial vehicle or government vehicle was involved
Frequently Asked Questions
Do I have to call the police after a car accident in Delaware?
You are required by law to report accidents involving injury, death, or property damage of $500 or more. For minor accidents with no injuries and minimal damage, you are not strictly required to call police, but a police report is still recommended as documentation for your insurance claim.
How long do I have to file an insurance claim after an accident in Delaware?
Your policy requires "prompt" notification, which in practice means within 24 to 48 hours for most claims. For PIP claims, file as soon as possible so medical bills can be directed to your insurer. The statute of limitations for filing a personal injury lawsuit in Delaware is two years from the date of the accident.
What should I not say at the scene of an accident?
Avoid admitting fault, apologizing, speculating about what happened, or making any statements about the severity of injuries. Do not give recorded statements to the other driver's insurance company without consulting your own insurer or an attorney first. Stick to the facts when speaking with police.
Will my insurance rates go up after an accident in Delaware?
An at-fault accident typically causes your rate to increase at renewal, often by 20 to 40 percent, and that increase can last three to five years. Not-at-fault accidents generally have a smaller impact, though some carriers do raise rates slightly. If you have accident forgiveness on your policy, the first at-fault accident may not affect your rate.
What if the other driver has no insurance in Delaware?
If the at-fault driver has no insurance, your uninsured motorist (UM) coverage pays for your medical bills and other damages up to your UM limit. Delaware requires UM coverage, which is why this protection is in place. Your own collision coverage will pay for vehicle repairs (minus your deductible) in an uninsured driver accident.
Can I settle an accident without involving insurance in Delaware?
Technically, both drivers can agree to settle privately for minor damage without filing a claim. However, this is generally not recommended because injuries may appear or worsen days later, you have no legal protection if the other driver later pursues additional compensation, and you forgo your right to use your own collision coverage. Always notify your insurer of any accident, even if you decide not to file a claim immediately.
Make Sure You Have the Right Coverage Before an Accident Happens
A to Z Insurance helps Delaware drivers get the coverage they need at the right price. Do not wait until after an accident to find out if your limits are adequate. Call us for a free coverage review today.
Written by the A to Z Insurance team
Published February 17, 2026