Delaware Auto Insurance Reform — SCR 111 Task Force

Legislative Victory  ·  Auto Insurance Reform  ·  Delaware 2026

Delaware Trial Lawyers Defeat Dangerous Auto Insurance Reform Proposals — Protecting the Rights of Car Crash Victims

The SCR 111 Automobile Insurance Reform Task Force issued its Final Report in March 2026 — and the most harmful proposals targeting injured Delawareans were stopped. Here is what happened, what it means for accident victims, and why this fight is far from over.

By Josh Inkell, Esq.  ·  The Inkell Firm, Wilmington, Delaware  ·  May 5, 2026

Victory for Delaware Accident Victims

The Task Force’s most harmful proposals — including a medical fee schedule that would have limited care access and attacks on the collateral source rule that protects injured victims — were rejected. The Delaware Trial Lawyers Association (DTLA), with The Inkell Firm as an active advocate, played a central role in defeating these measures.

If you were injured in a car accident in Delaware, the insurance coverage you depend on to pay your medical bills and replace your lost wages was directly in the crosshairs of a state legislative task force. For months, a powerful coalition of insurance industry lobbyists and their allies pushed proposals that would have gutted your Personal Injury Protection (PIP) benefits, capped what your doctors could charge to treat your injuries, and weakened a critical legal protection that prevents insurance companies from double-dipping at your expense.

The Delaware Trial Lawyers Association (DTLA) — of which I am a proud member and advocate — fought back. And when the Automobile Insurance Reform Task Force issued its Final Report on March 10, 2026, the most dangerous proposals for accident victims were not included.

This is not a story about politics. This is a story about whether injured Delawareans — people hurt through no fault of their own — can still get the medical care they need and hold negligent drivers accountable. The outcome of the SCR 111 Task Force matters to every driver in this state, and you deserve to know what happened.

$302
Average monthly Delaware auto insurance premium — 5th highest in the nation
13
Task Force meetings held between August 2025 and March 2026
6
Dangerous proposals considered — and ultimately defeated or withdrawn
½
Delaware’s litigation costs vs. the national average — no lawsuit problem here

What Was the SCR 111 Automobile Insurance Reform Task Force?

In June 2025, the Delaware General Assembly passed Senate Concurrent Resolution 111, sponsored by Senator Spiros Mantzavinos and Representative Bill Bush. The resolution created the Automobile Insurance Reform Task Force and charged it with finding ways to lower auto insurance premiums for Delaware drivers and businesses.

The task itself was legitimate — Delaware drivers pay among the highest auto insurance premiums in the country. At an average of $302 per month, Delaware ranks fifth in the nation, far above the national average of $208 per month. Something does need to be done about that. No one disputes it.

But the question was always how. Lower premiums can be achieved by investing in road safety, cracking down on uninsured drivers, improving the insurance market, and reducing fraud. Or they can be achieved by stripping injured victims of their benefits and their rights. The insurance industry — which made $126.5 billion in profits nationally in 2024 — naturally preferred the latter approach.

The Task Force included legislators, insurance industry representatives, medical providers, consumer advocates, and one representative from the Delaware Trial Lawyers Association: Stephen Morrow, who served as the DTLA’s appointed member and delivered a data-driven presentation that directly challenged the insurance industry’s narrative.

What the Insurance Industry Pushed For — And Why It Would Have Hurt You

From the very beginning, the insurance industry’s preferred solution was a medical fee schedule — a cap on what doctors, chiropractors, physical therapists, and other healthcare providers can charge when treating car accident injuries under your PIP coverage. The concept sounds reasonable on the surface: limit costs, lower premiums. But the data told a very different story.

Proposals Considered — and Defeated — That Would Have Harmed Accident Victims

  • Medical fee schedule tied to Medicare rates: Would have capped what your doctors can charge to treat accident injuries, mirroring the workers’ compensation model — a system where providers are already leaving in significant numbers due to unsustainable reimbursements.
  • Elimination or restriction of the collateral source rule: This legal protection prevents insurance companies from reducing what they owe you by the amount your health insurance already paid. Eliminating it would have let insurance companies use your own health coverage against you to pay less on your claim.
  • Standardized care pathways for soft-tissue injuries: Would have restricted what treatments your doctor could prescribe after an accident, substituting bureaucratic protocol for individualized medical judgment.
  • Increased financial penalties for uninsured drivers: While targeted at uninsured drivers, this proposal raised concerns about disproportionate impacts on lower-income Delawareans already struggling to afford coverage.

The DTLA’s presentation methodically dismantled the medical fee schedule argument with evidence. In Delaware, medical costs account for only an estimated 6.4 to 9.6 percent of PIP costs — compared to 71 percent in the workers’ compensation system where fee schedules already exist. Applying a fee schedule designed for workers’ compensation to auto accident injury care would be attacking a cost driver that barely exists in the auto insurance context.

“Medical fee schedules are not the correct approach and lead to provider dropout and reduced access to care. Non-medical factors are the largest cost drivers — and Delaware already has some of the lowest litigation costs in the country.”
— Dr. Glenn Brown, presenting on behalf of Delaware medical providers to the Task Force

The evidence from other states was equally damning. Florida, New York, and Michigan all have fee schedules — and none of them have consistently lower premiums as a result. In Michigan, a 2021 reform that included fee schedule changes led to at least seven documented patient deaths linked to loss of care, forced layoffs, and providers abandoning auto accident patients entirely to avoid unsustainable reimbursements. Delaware already has 15 percent of providers leaving the workers’ compensation program due to low reimbursements. A fee schedule in auto insurance would almost certainly accelerate that exodus.

What the Delaware Trial Lawyers Association Proved to the Task Force

The DTLA’s core argument was straightforward, factual, and backed by data: Delaware does not have a litigation cost problem. It does not have a “lawsuit abuse” problem. And restricting injured victims’ access to legal recourse would accomplish nothing for consumers while delivering a windfall to the same insurance companies already generating over $126 billion in annual profits.

Key Facts the DTLA Presented to the Task Force

  • Delaware’s prevalence of claim litigation is almost half the national average — according to the Insurance Research Council, Delaware ranks below average in “claims litigation” costs.
  • In 2024, there were only 29 civil trials in the Superior Court of Delaware — representing just 1 percent of all case dispositions. Delaware’s mandatory ADR framework resolves the overwhelming majority of cases without trial.
  • Delaware already has robust protections against frivolous lawsuits: a modified comparative negligence standard, a 12-person unanimous jury requirement, strict causation standards requiring expert testimony, and the American Rule on attorney’s fees.
  • Nationally, only 9 percent of total crash costs are medical expenses — the rest are repair costs, lost productivity, and other economic losses that a fee schedule would do nothing to address.
  • The top 10 auto insurance companies made $126.5 billion in profits nationwide in 2024 — yet only 54 percent of crash costs are actually paid by insurance. The rest falls on victims, charities, providers, and local governments.

The DTLA also made a point that gets lost in the premium debate: Delaware’s existing legal framework already protects insurers from the kind of lawsuit environment that drives up costs in states like Florida. Florida enacted sweeping tort reform in 2023 and still has the highest auto insurance premiums in the country. Why? Because the real cost drivers — repair costs, uninsured drivers, rising healthcare costs, and climate-related claims — were never addressed by attacking victims’ rights.

How the Task Force Ruled: What Was Rejected, and What Was Approved

After thirteen meetings spanning August 2025 through March 2026, the Task Force adopted twenty-six recommendations — and crucially, rejected six of the most harmful proposals that had been under consideration.

What Was Defeated

The proposed medical fee schedule was brought to a vote and failed decisively — receiving only four of the eleven votes required for approval. The Task Force’s own discussion section states plainly that medical providers raised valid concerns about provider dropout and access to care, that no clear data demonstrated fee schedules would meaningfully reduce premiums, and that PIP benefits are already capped, making a fee schedule largely redundant.

The collateral source rule proposal — which would have allowed insurance companies to offset your claim by whatever your health insurance already paid — received only six of the required eleven votes and was rejected. Task Force members noted that “no data had been presented to suggest that eliminating the collateral source rule would reduce premiums.” This proposal would have directly put money back into insurance company pockets by using your own health coverage against your recovery.

The standardized care pathway proposal, which would have restricted your doctor’s ability to make individualized treatment decisions after your accident, was withdrawn after Task Force members raised concerns about its applicability to the diversity of motor vehicle crash injuries.

What Was Approved (The 26 Final Recommendations)

The approved recommendations focus on areas that can legitimately improve the system without attacking injured victims. They include strengthening enforcement against uninsured drivers (Delaware’s 17.6 percent uninsured rate is a real cost driver), improving the Delaware insurance market to attract more carrier competition, expanding driver education programs, addressing repair cost transparency, and exploring fraud reduction measures. On litigation, the only approved recommendation was to further promote Delaware’s existing arbitration framework — a measured, non-punitive approach.

Why This Matters for You as a Delaware Driver and Accident Victim

If you are in a car accident tomorrow, your PIP coverage remains intact — providing a minimum of $15,000 per person and $30,000 per accident for your medical bills and lost wages, regardless of who was at fault, with higher limits available if you purchased additional coverage. Your doctors can still bill at the rates necessary to keep their practices open. And if the at-fault driver’s insurance does not fully compensate you, you still have the legal right to pursue full and fair compensation — without the artificial barriers a fee schedule or collateral source restriction would have imposed.

“Reducing auto insurance premiums should never come at the expense of the injured people those premiums are supposed to protect. When only 54 cents of every crash dollar is paid by insurance — with the rest falling on victims, charities, and communities — the conversation about ‘costs’ has to start with honesty about who is actually bearing them.”
— Josh Inkell, Founder, The Inkell Firm

Timeline: The Road to the Final Report

  • 1
    June 26, 2025 — SCR 111 Passes the Delaware General Assembly
    Sponsored by Senator Mantzavinos and Representative Bush, the resolution creates the Task Force and charges it with lowering auto insurance premiums, with explicit focus on medical costs and fee schedules.
  • 2
    August–November 2025 — Stakeholder Presentations
    The Task Force hears from the insurance industry, medical providers, the DTLA, the Department of Insurance, and consumer advocates. The DTLA presents data showing litigation costs are not a meaningful driver of Delaware’s high premiums.
  • 3
    December 2025–February 2026 — Deliberation and Proposal Development
    Controversial proposals — including the medical fee schedule, collateral source rule changes, and care pathway restrictions — are actively debated. The DTLA and medical providers push back with data and real-world consequences from other states.
  • 4
    January 20, 2026 — Deadline Extended via SCR 127
    The original January 30 reporting deadline is extended to March 10, 2026 to allow the Task Force to complete its deliberations.
  • 5
    March 2026 — Final Vote and Report
    The medical fee schedule receives only 4 of 11 required votes. The collateral source rule receives only 6 of 11. Both fail. The Final Report is issued March 10, 2026 with 26 approved recommendations — none restricting injured victims’ access to care or legal recourse.

This Fight Is Not Over — What Comes Next

The Task Force report is a recommendation document, not a law. The Delaware General Assembly will now consider whether to act on any or all of the twenty-six approved recommendations. It may also choose to introduce new legislation related to the proposals the Task Force rejected — including a medical fee schedule or collateral source rule changes. In the current political environment, with insurance premium costs remaining a visible issue, that pressure will not disappear.

The DTLA and personal injury attorneys across Delaware will continue to monitor legislative activity closely. Any bill that targets injured victims’ benefits or legal rights under the guise of “insurance reform” will face the same rigorous, data-driven opposition it faced in the Task Force. The facts have not changed: Delaware does not have a litigation problem — it has a market structure, uninsured driver, and repair cost problem, and those are the issues that should be addressed.

You can review the full SCR 111 Task Force legislative history — including all meeting minutes, stakeholder presentations, and the Final Report — on the Delaware General Assembly’s website.

What to Do If You’ve Been Injured in a Delaware Car Accident

The law as it stands today still protects you. If you were hurt in a car accident in Delaware — whether as a driver, passenger, pedestrian, or cyclist — here is what you need to know:

Your Rights After a Delaware Car Accident (As of May 2026)

  • Your PIP benefits are intact. Delaware law requires a minimum of $15,000 per person and $30,000 per accident in PIP coverage for medical bills and lost wages, regardless of fault — and your policy may provide higher limits if you purchased additional coverage. An insurance company cannot cut off your PIP without a legitimate independent medical examination.
  • The collateral source rule still protects you. An at-fault driver’s insurance company cannot reduce what it owes you by the amount your health insurance paid. You are entitled to full compensation for your losses.
  • You have a right to pursue full compensation. If the at-fault driver’s insurance does not cover all of your injuries and losses, you have the right to file a lawsuit and have your case decided by a jury of your peers.
  • Time limits apply. Delaware’s statute of limitations for personal injury claims is generally two years from the date of the accident. Do not wait to speak with an attorney.

Insurance companies are not on your side after an accident. They are businesses with profit motives, and their adjusters are trained to minimize what they pay you. Having an experienced Delaware personal injury attorney in your corner from the beginning can make an enormous difference in the outcome of your case — and it costs you nothing upfront, because we work on contingency.

JI
Josh Inkell, Esq.
Founder & Managing Member, The Inkell Firm, LLC  ·  Member, Delaware Trial Lawyers Association

Josh Inkell is a Delaware personal injury attorney representing victims of car accidents, truck accidents, premises liability, medical malpractice, nursing home abuse, and wrongful death. He is an active member and advocate of the Delaware Trial Lawyers Association and is committed to protecting the rights of injured Delawareans at every level — in the courtroom, at the negotiating table, and in the halls of the General Assembly.

Injured in a Delaware Car Accident?

The legal protections we fought to preserve exist to help you. Call The Inkell Firm today for a free, confidential consultation — no fees unless we win.

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The information in this post is for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. If you have been injured, please consult a licensed Delaware personal injury attorney about your specific situation.