Question 1

Does Delaware allow UM/UIM stacking?

Accepted Answer

Not within one insurer. The statute says that affording the coverage to more than one person or vehicle does not increase the insurer's limits, and that when two or more vehicles owned or leased by people in the same household are insured by the same insurer or affiliated insurers, the limits apply separately to each vehicle but may not exceed the highest limit on any one vehicle (18 Del. C. 3902(c)). The statute does not address policies from different insurers.

Question 2

Is underinsured motorist coverage automatic in Delaware?

Accepted Answer

No. Uninsured coverage is required unless rejected in writing, but underinsured coverage comes with the optional additional coverage that insurers must offer, up to $100,000 per person and $300,000 per accident, not above your bodily injury limits (3902(b)).

Question 3

How does Delaware decide that a driver is underinsured?

Accepted Answer

An underinsured vehicle is one whose bodily injury liability limits, under all bonds and policies applicable at the time of the accident, are less than the damages you sustained (3902(b)(2)). Your insurer pays only after those limits are exhausted by settlement or judgment.

Question 4

What are the minimum limits in Delaware?

Accepted Answer

Liability insurance must be at least $25,000 per person and $50,000 per accident for bodily injury and $10,000 for property damage (21 Del. C. 2902(b)); required UM coverage cannot be less than the minimum bodily injury and property damage limits (18 Del. C. 3902(a)(2)). Delaware also requires personal injury protection of $15,000 per person and $30,000 per accident (21 Del. C. 2118).

Question 5

How long do I have to sue?

Accepted Answer

An action for personal injuries must be brought within 2 years from the date the injuries were sustained (10 Del. C. 8119). That is the tort deadline; ask an attorney about the deadline in your own policy for a claim against your insurer.

Delaware UM/UIM Stacking Calculator

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Delaware keeps one insurer's limits from adding up

Delaware UM/UIM Stacking Calculator

Estimate your UM/UIM benefits

Delaware keeps one insurer's limits from adding up

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