What Happens When Your Claim Exceeds Policy Limits in Delaware
A single surgery, a few days in intensive care, a long rehabilitation — and the at-fault driver's coverage is already exhausted. Here's what Delaware law allows for when the policy runs out before the bills stop.
Most accident victims assume that the other driver's insurance will cover the costs of whatever injuries they incur. That assumption remains intact until the bills arrive and the adjuster informs the victim that the policy limit has been reached.
For serious injuries, a standard policy can drain faster than most people expect. A single surgery, a few days in intensive care, or a long rehabilitation can exhaust the entire coverage before the full extent of the damage is even known. This leaves Delaware accident victims confused and unsure of what comes next.
This guide explains what Delaware law allows for and what options are still available when the at-fault driver's coverage runs out.
What Are Delaware Minimum Car Insurance Limits?
Delaware law requires every driver to carry the following minimum bodily injury liability coverage:
If a driver has $25,000 in coverage and you are injured, the maximum the other driver's insurance is required to pay toward your medical bills and losses is $25,000.
In accidents involving multiple victims, this total minimum is divided among everyone hurt in the same crash and cannot exceed $50,000 in total.
If your bills go beyond those limits, the at-fault driver's policy stops paying — regardless of what you still owe. Here is a real example of how that gap appears:
What Other Options Are Available to Me When My Claim Exceeds Policy Limits?
When the at-fault driver's policy runs out, Delaware law gives you several other avenues to pursue. Here is what they are and how they work:
Underinsured Motorist Coverage (UIM)
This is the coverage that steps in specifically when the at-fault driver's policy is not enough. If your bills go beyond what the other driver's insurance covers, your UIM policy can pay the difference up to its own limit.
Not Sure Exactly What Your Policy Covers?
Book a free consultation with The Inkell Firm to find out.
Suing the At-Fault Driver Personally
When insurance runs out, you can take the at-fault driver to court and go after what they personally own. If they have a home, savings, or a business, those can be used to cover what their insurance did not pay.
The honest reality is that drivers carrying minimum insurance often do not have much to their name. Before going this route, an attorney will look into the driver's finances to see if a personal lawsuit is worth pursuing. A court victory means nothing if there is nothing of value to collect at the end.
Settlements In Excess of Insurance Limits
Given Josh's experience working for insurance companies in the past, he knows how to set up a claim to maximize recovery. He has been successful in getting insurance companies to pay more than their policy limits.
We are not aware of any other attorney successfully doing this in Delaware.
What Happens If There Are Other Parties Involved?
Sometimes the at-fault driver is not the only one responsible. Depending on the circumstances, other parties may also carry coverage that applies to your case.
The Driver's Employer
If the driver was working at the time of the crash, their employer's commercial insurance may cover your losses on top of the driver's personal policy.
The Vehicle Manufacturer
If a defect in the vehicle contributed to the accident, the manufacturer could share responsibility for the damages.
The Vehicle Owner
If the driver was in a borrowed or rented car, coverage may exist under both the owner's policy and the driver's own insurance.
How Can an Attorney Protect Me from Overwhelming Medical Debt?
When insurance limits fall short, the medical bills do not stop. Hospitals, specialists, and health insurance providers all have a legal right to recover what they are owed from your settlement. Without someone negotiating on your behalf, they will take as much as they can.
An attorney can negotiate those bills directly with your medical providers before the final distribution is made. The goal is to reduce what you owe so that more of the recovered amount stays in your hands — and is available for ongoing recovery and daily expenses.
We Spent Years on the Other Side
The Inkell Firm has years of experience representing injury victims throughout Delaware. Before that, we spent years on the other side — representing insurance companies and defendants. We know exactly how they think, how they move, and where they cut corners. We use that knowledge to protect what you are owed.
If your medical bills have already exceeded what the at-fault driver's insurance covers, do not wait. Contact The Inkell Firm today for a free consultation and let us find every dollar available to you.
Frequently Asked Questions
What are the minimum car insurance limits in Delaware?
Delaware law requires every driver to carry a minimum of $25,000 in bodily injury liability coverage per person and $50,000 per accident. These are the lowest amounts the law allows, and many serious accidents exceed these limits before the full extent of the damage is even known. Drivers from other states must maintain the minimum insurance required for their own states, which could be less or more than the Delaware limits.
What happens if my medical bills are higher than the at-fault driver's insurance?
Their policy pays up to its limit and stops. The remaining balance does not disappear. You may be able to recover the difference through your own Underinsured Motorist coverage, a personal lawsuit against the driver, or by identifying other liable parties. The Inkell Firm can map out every available option in your specific case.
Can I sue the at-fault driver personally in Delaware?
Yes. If the driver has personal assets such as a home, savings, or a business, you can pursue those through a court judgment. However, drivers carrying minimum insurance often have limited assets. An attorney will check the driver's finances before recommending this route so you are not spending time and money on a case with nothing to collect at the end.
Does my own insurance help if the other driver runs out of coverage?
Yes. Your Personal Injury Protection covers your medical bills and lost wages immediately regardless of fault. Your Underinsured Motorist coverage then steps in to bridge the gap between what the at-fault driver's policy paid and what your bills actually cost, up to your own policy limit.
Who pays my hospital bills while I wait for a settlement?
Your own PIP coverage pays first, covering medical expenses up to your policy limit while the liability question is still being resolved. If PIP runs out before a settlement is reached, your health insurance may step in. An attorney can also work with your medical providers to delay collection while your case is active so you are not pressured into settling too soon.
The Policy Ran Out. Your Options Haven't.
A confidential conversation with The Inkell Firm carries no obligation. We map out every dollar available — UIM, personal assets, additional liable parties, and medical bill negotiation.