When the driver who hit you has no insurance — or not enough to cover your injuries — your own uninsured/underinsured motorist (UM/UIM) coverage steps in. Under 18 Del. C. § 3902, every Delaware auto policy includes UM coverage unless it was rejected in writing, and insurers must offer limits up to $100,000 per person / $300,000 per accident. A UM/UIM claim is often the difference between minimum-limits compensation and full compensation.
Delaware UM/UIM: Key Facts
- Automatic unless rejected: UM coverage is part of your policy unless someone rejected it in writing on the insurer’s form (18 Del. C. § 3902).
- Underinsured means outgunned: If the at-fault driver’s limits are less than your damages, they are “underinsured” and your UIM coverage applies.
- Exhaustion first: UIM pays after the at-fault driver’s bodily injury limits are exhausted by settlement or judgment.
- Your insurer is not your friend here: In a UM/UIM claim, your own carrier takes the at-fault driver’s side of the argument.
Why UM/UIM Claims Need a Lawyer
UM/UIM claims are adversarial — your insurer evaluates your claim the way the other driver’s insurer would, disputing fault, treatment, and value. There are also traps: settling with the at-fault carrier without your UIM carrier’s consent can jeopardize your UIM claim. We sequence the claims correctly, protect the UIM claim from day one, and take the carrier to arbitration or trial when they lowball.
We handle UM/UIM claims for injured drivers, passengers, pedestrians, and cyclists across Delaware — Wilmington, Newark, Dover, Middletown, Bear, Smyrna, Milford, Seaford, Georgetown, and beyond. Related: Car Accidents, Hit-and-Run Accidents, Delaware PIP Claims.
UM/UIM FAQs
Will a UM/UIM claim raise my insurance rates?
Delaware law protects policyholders from being penalized for not-at-fault claims, and UM/UIM claims arise from someone else’s negligence. Fear of a rate hike should never stop you from using coverage you paid for.
The at-fault driver offered their full policy. Should I take it?
Not before your UIM carrier consents. Accepting without following the consent-to-settle procedure can forfeit your underinsured claim. Let an attorney manage the sequence.
Does UM coverage apply to hit-and-run drivers?
Yes — an unidentified driver is treated like an uninsured driver, so UM coverage typically applies to hit-and-run crashes.
Hit by an uninsured or underinsured driver? Call (302) 297-7775 for a free case review. No fee unless we recover.
Official Delaware UM/UIM resources
These primary Delaware sources provide useful context when reviewing uninsured- or underinsured-motorist coverage:
- 18 Del. C. § 3902 addresses uninsured and underinsured motor-vehicle coverage, including coverage connected to uninsured or hit-and-run vehicles.
- The Delaware Department of Insurance automobile-insurance guide explains common policy coverages, including uninsured and underinsured motorist coverage.
- The Delaware Department of Insurance complaint process is available when an insurance concern cannot be resolved with the carrier.
For practical steps after a crash, read what to do immediately after an accident. Contact The Inkell Firm to discuss a Delaware UM/UIM claim.