What does an at fault state mean for car accidents?

Delaware is considered to be an at fault state for motor vehicle accidents. This means that after a car accident occurs, the individual who caused the accident is responsible for paying for the damages. This is also referred to as a tort liability state. With this in effect, drivers that caused the accident are held accountable by being held responsible to cover the cost of the other driver’s vehicle damages or personal injury.

How do I pursue fault?

If another driver is found to be at fault for the car accident, then they may be liable to cover your damages. These damages can be for a personal injury or vehicle damage. In order to seek the compensation you are entitled to, you can go through the insurance company. You may go through your insurance to file a claim or go through the at fault driver’s insurance company. Individuals also have the option to file a lawsuit for a personal injury incident. These procedures can all hold the party responsible and seek compensation from them.

When filing a lawsuit, it must be within two years of the accident. However, when going through your insurance there is no statute of limitations. Damages can be economic or noneconomic. Economic refers to the medical bills, lost wages and lost future wages that the compensation can cover the cost of. Noneconomic damages can be monetary compensation for the pain and suffering that you have experienced due to the accident.

What is Personal Injury Protection?

Personal Injury Protection is a form of insurance that does not hold a single party accountable for the motor vehicle accident. In these cases, no one is at fault. Therefore, no one is responsible for covering the cost of another driver. Through PIP, it pays off medical bills that have resulted from the accident or lost wages up to the limit that is stated in your PIP plan. However, individuals are still able to file a lawsuit. They may wish to do so if their PIP plan does not cover the financial burden that was a result of the accident.

MW&M is comprised of an experienced team of attorneys focusing on legal matters of personal injury, workers’ compensation, Social Security Disability, product liability, and wrongful death in Delaware. If you require an effective attorney to guide you through these difficult legal matters, contact MW&M today to schedule a free case evaluation.