Whether your accident happened on I-95 near Wilmington, Route 1 in Dover, or a quiet backroad in Seaford, you’re likely asking the same question:

Who’s going to pay for this?

At The Inkell Firm, we’ve helped clients across Delaware—Newark, Middletown, Milford, Bear, Georgetown, and beyond—recover the money they’re owed after motor vehicle crashes. As a trusted advocate for injury victims, Attorney Josh Inkell wants to make sure you know what rights you have and what resources are available.

Delaware’s insurance system is complex. Multiple coverages may come into play: Personal Injury Protection (PIP), liability coverage, collision, UM/UIM, health insurance, and even criminal victims’ compensation. Here’s what you need to know to protect yourself and your finances after a wreck.

Personal Injury Protection (PIP): Your First Line of Defense

In Delaware, all drivers must carry PIP coverage, which pays for medical expenses and lost wages—regardless of fault.

PIP Covers:

  • Emergency care and hospital bills
  • Physical therapy and prescriptions
  • Lost income (usually 80% of wages)
  • In-home care if you’re unable to perform daily tasks
  • Funeral costs (if the crash is fatal)

Standard Coverage:

$15,000 per person / $30,000 per accident is the state minimum, but higher limits are available.

PIP Reimbursement & Liability Settlements

Let’s say someone in Smyrna causes your crash. Even though your own insurance pays your medical bills via PIP, they may get reimbursed later from the at-fault driver’s liability insurer—but only after you’re fully compensated.

This is called subrogation. It means:

  • You get first dibs on the at-fault driver’s insurance policy.
  • Only if money remains, your PIP provider gets reimbursed.

What About Your Deductible?

If you had to pay a PIP deductible, Delaware law requires your insurer to reimburse it if they succeed in subrogation.

Attorney Josh Inkell always makes sure his clients receive this often-overlooked reimbursement.

Property Damage: Repairing or Replacing Your Vehicle

If your car was damaged or totaled—whether it happened near Rehoboth Beach, Laurel, or Elsmere—you’re entitled to compensation for your vehicle.

When the Other Driver Has Insurance:

  • Their property damage liability pays for your repairs or total loss.
  • Rental car reimbursement may be included.

When the Other Driver Has No Insurance:

If you’re hit by an uninsured driver in Claymont or Milford, you’ll need to rely on:

  • Your collision coverage, if you have it
  • Uninsured Motorist Property Damage coverage (Only Excluded If You Sign A Waiver)
  • Possibly suing the driver—but many are judgment-proof

At The Inkell Firm, we investigate all available coverages and work to maximize recovery for your car, even if that means pursuing your own insurer.

Liability Insurance: For Pain, Suffering, and Serious Injury

You can pursue a claim against the at-fault driver’s bodily injury liability insurance.

This coverage may pay for:

  • Pain and suffering
  • Emotional distress
  • Permanent disability or scarring
  • Future medical expenses
  • Lost earning capacity
  • Lost wages, medical bills and replacement services not covered by PIP

Minimum coverage in Delaware: $25,000 per person / $50,000 per accident. Many drivers carry higher limits.

Uninsured/Underinsured Motorist (UM/UIM) Coverage

Let’s say you’re rear-ended in Lewes and the at-fault driver has no insurance or not enough coverage. That’s where your own UM/UIM coverage kicks in.

UM Covers:

  • Crashes caused by uninsured drivers or hit-and-runs

UIM Covers:

  • Accidents where the other driver’s limits are too low to pay for your losses

Important: You may opt-out for this coverage when buying your policy. At The Inkell Firm, we often see families devastated because they waived this vital protection.

Health Insurance and Medical Liens

After PIP limits are exhausted, your health insurance may pay for remaining treatment. But beware:

  • Your insurer may file a lien on your settlement.
  • Medicaid, Medicare, and Tricare also assert repayment rights.
  • These liens can significantly reduce your take-home settlement if not negotiated.

Attorney Josh Inkell and his team regularly negotiate lien reductions so that you keep more of your recovery.

Delaware Violent Crimes Compensation: When the Crash Is a Crime

If your crash involved a:

  • Drunk driver
  • Hit-and-run
  • Reckless or intentional act

…you may qualify for benefits under the Delaware Violent Compensation Assistance Program (VCAP). CLICK HERE FOR MORE INFORMAITON

This program helps victims across New Castle County, Kent County, and Sussex County pay for:

  • Medical expenses
  • Counseling
  • Lost wages
  • Funeral costs (in fatal incidents)

You must file within 1 year and report the incident to the police. If you live in Elsmere, Harrington, or Millsboro, the VCCB can still help.

Summary: Who Pays? It Depends—But You Have Options

After a crash in Delaware, compensation may come from:

  • Your PIP policy
  • The at-fault driver’s liability policy
  • Your collision or UM/UIM coverage
  • Your health insurance
  • The Victims’ Compensation Fund
  • And possibly more…

But coordinating these layers is legally complex. That’s why so many clients in Wilmington, Dover, and all across the First State trust The Inkell Firm to handle the details—so they can focus on healing while we maximize your recovery.

CLICK HERE To Get a Free Case Review Today

Whether your crash happened in Felton or Frankford, whether you’re recovering at home or in a Christiana Care hospital bed—Attorney Josh Inkell is here to help.

Call The Inkell Firm or schedule a free consultation online today. We’ll walk you through the insurance maze and fight to get you every dollar you deserve.

CLICK HERE To Get a Free Case Review Today

Or Call (302) 297-7775!