Being hit by a driver who flees the scene feels hopeless — but in Delaware, you can usually still recover compensation even if the driver is never found. Your PIP benefits pay medical bills and lost wages regardless of fault, and your uninsured motorist (UM) coverage treats an unidentified driver like an uninsured one (18 Del. C. § 3902).
Hit-and-Run Claims in Delaware: Key Facts
- PIP applies immediately: Your own no-fault benefits (minimum $15,000/$30,000 under 21 Del. C. § 2118) cover medical bills and lost wages.
- UM coverage covers phantom drivers: If the driver is never identified, your UM coverage stands in for their missing liability insurance.
- Report fast: Delaware law requires reporting the crash to police. A prompt report also protects your insurance claim – carriers scrutinize late-reported hit-and-runs.
- Deadline: 2 years to file suit (10 Del. C. § 8119).
What to Do After a Hit-and-Run
Call 911 and report everything you remember — partial plates, vehicle color, direction of travel. Photograph the scene and your vehicle. Look for cameras: doorbell cams, business security systems, and DelDOT traffic cameras have identified fleeing drivers in Wilmington, Newark, Dover, and along Route 13 and I-95. Get medical care the same day, then call us before giving any recorded statement to your own insurer — remember, in a UM claim your carrier is the opposing party.
Hit-and-Run FAQs
Can I recover if the driver is never caught?
Yes. Your PIP benefits and uninsured motorist coverage were built for exactly this situation. Most of our hit-and-run clients recover without the fleeing driver ever being identified.
What if I was walking or biking when I was hit?
Pedestrians and cyclists struck by cars are covered by the striking vehicle’s PIP when identified – and by their own household auto policy’s PIP and UM coverage when the driver flees.
Does the driver leaving the scene help my case?
Often yes. Fleeing is powerful evidence of consciousness of fault, and if the driver is identified, it can support a claim for punitive damages depending on the circumstances.
Hit-and-run in Delaware? Call (302) 297-7775 before you talk to any insurance company. Free consultation, no fee unless we recover.
Official Delaware hit-and-run resources
After a hit-and-run crash, the immediate report and the available insurance coverage can both matter. These official resources provide useful starting points:
- Delaware’s collision-reporting law describes circumstances requiring a report to the police agency with jurisdiction.
- The Delaware State Police Traffic Unit provides instructions for requesting a crash report when it investigated the collision.
- 18 Del. C. § 3902 addresses uninsured-motorist coverage, including coverage involving uninsured or hit-and-run vehicles.
See our Delaware UM/UIM guide and post-accident checklist. Contact The Inkell Firm to discuss a hit-and-run injury claim.