Delaware Residents Injured in Out-of-State Car Accidents
Delawareans cross state lines constantly for work, family, and the shore. When the crash happens on the other side, your Delaware policy, your Delaware doctors, and your Delaware expectations all meet another state’s rules. Some of those rules are far less forgiving than Delaware’s.
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The Other State’s Rules Usually Govern
As a general matter, the law of the state where the crash happened governs your injury claim even though you live in Delaware and insure your car here. That means a Maryland crash can bring Maryland’s contributory negligence rule, under which any fault on your part can bar recovery outright. A New Jersey crash can bring New Jersey’s lawsuit threshold. Neither of those exists in Delaware, and neither is something a Delaware driver would anticipate.
How Your Delaware PIP Travels
Delaware requires personal injury protection coverage, and it generally follows you across state lines. How it coordinates with the other state’s system varies, and in New Jersey the deemer statute can change the analysis substantially. Read the policy rather than relying on what an adjuster says by phone, and get the coordination question answered before your medical bills start going unpaid. You are entitled to treat with your own Delaware doctors regardless of where the collision occurred.
Where the Claim Gets Filed
Where you can file and which law applies are separate questions. A Delaware court may have jurisdiction if the at-fault driver lives here or has sufficient Delaware contacts, and it may still apply the other state’s substantive law. In other cases the claim belongs in the state where the crash occurred. We evaluate both questions at the outset so the case is positioned correctly rather than corrected later.
What We Handle and What We Associate
First State Injury Lawyers is admitted in Delaware and Pennsylvania, so those claims are handled inside the firm. Where a claim must be filed in New Jersey or Maryland, we work with admitted local counsel in that state and stay involved in your case, and that arrangement is explained to you in writing before anything is agreed. The initial review costs nothing regardless of which state your claim belongs in.
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Your case review is always free and confidential. Call 302-404-2317 or request a review online — a Delaware injury lawyer will get back to you.
Frequently Asked Questions
I live in Delaware but was hurt in Maryland. Whose law applies?
Generally Maryland’s, because that is where the crash happened. That brings Maryland’s contributory negligence rule, under which any share of fault on your part can bar recovery entirely. It is a far harsher rule than Delaware’s.
Does my Delaware PIP cover me in another state?
Delaware requires PIP and it generally follows you across state lines, though how it coordinates with the other state’s system varies. In New Jersey the deemer statute can complicate it considerably. Have the policy read before bills start going unpaid.
Can I treat with my own doctors in Delaware?
Yes. You are entitled to treat where it is practical for you, which for most Delawareans means Delaware providers. What matters is that treatment is prompt, consistent, and documented. Gaps in treatment are the most common argument used to devalue a claim.
Do I have to hire a lawyer in the state where it happened?
Not necessarily as your first call. We can evaluate the claim, identify which state’s law governs, and handle Delaware and Pennsylvania matters directly. Where the claim must be filed in New Jersey or Maryland we associate with admitted local counsel.
How long do I have to file?
It depends which state’s law governs. Delaware, Pennsylvania, and New Jersey generally allow two years for injury claims and Maryland allows three, and Delaware’s borrowing statute can shorten the time on a claim that arose elsewhere. Treat the shortest applicable deadline as real.
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