MENU
- Home
- Overview
- Attorneys
- Practice Areas
- Firm News
- Blog
- Contact
Personal Injury Protection (PIP) is an important component of auto insurance in states like Delaware, but it can be confusing. This coverage helps individuals pay for damages resulting from a car accident, regardless of who was at fault. No-fault insurance laws are designed to reduce litigation by requiring policyholders to turn to their own insurance provider for compensation.
Personal Injury Protection is car insurance coverage that pays for medical bills, lost wages, and funeral expenses. The specific benefits and coverage limits vary based on the policy and the state’s insurance regulations. Unlike liability insurance, which covers damages to others when a driver is responsible for an accident, PIP provides benefits to the policyholder and passengers in the vehicle. This coverage applies regardless of who caused the accident, which is why it is required in states that follow no-fault insurance laws.
Even though Delaware requires PIP insurance, it is not technically a no-fault state. This coverage is mandatory, however, and is considered an add-on coverage. Individuals have no limitations on their ability to sue allegedly at-fault parties for expenses related to pain and suffering. Bear in mind that you still cannot sue someone to reimburse medical expenses and lost income.
In Delaware, individuals must file claims with their own insurance provider instead of pursuing compensation from the other driver. This system is designed to streamline the claims process and reduce the burden on the court system. While PIP covers many expenses, it does not provide compensation for pain and suffering. In certain cases, individuals may step outside the no-fault system and file a lawsuit against the at-fault driver if their injuries meet a legal threshold set by state law.
The amount of Personal Injury Protection coverage required depends on state laws and individual insurance policies. Some states have minimum coverage limits that drivers must carry, while others allow policyholders to choose higher limits for added protection.
In Delaware, drivers must have a minimum of $15,000/$30,000 PIP limits. They can pay more for added coverage, with a limit of $100,000/$300,000. Insurance providers charge different rates for the coverage; higher deductible plans are less costly.
Personal Injury Protection extends to more than just the policyholder. Passengers in the insured vehicle are typically covered under PIP, regardless of who was responsible for the accident. In some cases, pedestrians and cyclists who are struck by a vehicle may also be eligible for PIP benefits.
As mentioned, PIP coverage is limited to ‘economic’ damages such as medical bills and lost wages. It does not compensate for pain and suffering, emotional distress, or other ‘non-economic’ damages.
Additionally, the Delaware PIP coverage limits are $25,000 per person and $300,000 per accident. That might not fully cover all expenses, especially in cases of severe injuries. If costs exceed the PIP policy limits, individuals may need to rely on their health insurance or pursue additional compensation if their injuries meet the legal requirements for a lawsuit.
Personal Injury Protection can work alongside health insurance to cover medical expenses after a car accident. In some states, PIP is considered the primary coverage for accident-related injuries, meaning it must be used before health insurance. Once PIP benefits are exhausted, health insurance may cover your remaining costs. Some health insurance policies have restrictions on covering injuries from auto accidents, so it is important to review both policies to understand how they interact.
Dealing with insurance claims and medical expenses after a car accident can be overwhelming. If you have questions about your rights after an accident, the New Castle car accident lawyers at Jacobs & Crumplar, P.A. can provide guidance. To schedule a free consultation, call our New Castle or Millsboro, Delaware office at 302-656-5445 or contact us online. We proudly serve clients in New Castle County, Kent County, and Sussex County.