In Delaware, if you are injured in an automobile collision caused by another driver, the at-fault driver’s insurance policy should compensate you for your pain and suffering. But what happens when the at-fault driver is uninsured?
If the at-fault driver causes injuries to you and/or your passengers, and that driver either 1) does not have an active automobile insurance policy, or 2) the at-fault driver flees the scene of the collision and is not identifiable, the uninsured motorist (UM) coverage from your own policy is there to compensate the injured parties in your vehicle.
Underinsured motorist (UIM) coverage applies when you and your passengers are injured in an automobile collision and the at-fault driver’s automobile insurance policy is not large enough to compensate the injured parties for their damages. Once the full policy limits of the at-fault driver have been exhausted, UIM coverage from your own policy is available to further compensate the injured parties.
In Delaware, a minimum of $25,000 per person or $50,000 per accident of UM and UIM coverage is included in all automobile insurance policies, unless the UM/UIM coverage is explicitly waived in writing. While minimum UM and UIM coverage is included, we recommend increasing your policy limits to protect you and your passengers in the unfortunate event your vehicle is involved in an automobile collision with an uninsured or underinsured motorist. This happens more frequently than you would expect.
If you have any questions, please call 302-565-6100 to speak with a Kimmel Carter attorney.
