After a multi-vehicle accident, it’s hard to see things clearly. You’re dealing with painful injuries and medical appointments. You have to take time off work due to your injuries. Soon, the bills start coming.
It’s natural to wonder: Whose insurance pays in a multi-car accident?
Delaware has complicated insurance and negligence laws. Who pays depends on the liability allocation, your insurance policy, and the other drivers’ insurance policies.
An experienced car accident lawyer who is familiar with these laws can be invaluable after a multi-car accident.
At Brockstedt Mandalas Federico LLC, we have over 25 years of experience protecting the rights of Delaware residents. We understand the challenges of determining who is at fault in a collision involving 3 cars and will identify all avenues of potential liability and all sources of compensation.
Read on to learn more about how liability is determined and which insurance company pays for your damages.
Whose Insurance Pays in a Multi-Car Accident? What to Know
If you’re asking whose insurance pays in a multi-car accident, here is what our Delaware attorneys think is most important to understand.
- Delaware requires all drivers to carry PIP insurance, which pays your medical expenses and lost wages regardless of fault, with a minimum of $15,000 per person and $30,000 per accident.
- If your damages exceed your PIP coverage, you may be able to file a claim against the at-fault driver’s liability insurance, which has a Delaware minimum of $25,000 per person and $50,000 per accident for bodily injury.
- Delaware’s modified comparative negligence rule lets each driver recover compensation reduced by their percentage of fault, unless they are 51% or more at fault, in which case they cannot recover anything.
- If other drivers are uninsured or underinsured, your own UM/UIM coverage may help cover remaining losses, though this coverage can be rejected in writing and is not guaranteed on every policy.
Which Insurance Pays in a Multi-Vehicle Crash?
Delaware law is confusing when it comes to determining whose insurance pays in a multi-car accident. You may have heard the terms “no-fault” and “fault” states. In no-fault states, your insurance company pays for your damages no matter who was at fault for the accident. In a fault state, the negligent driver’s insurance company would pay for your damages.
Delaware incorporates aspects of both.
Personal Injury Protection (PIP)
All Delaware drivers are required to purchase PIP insurance. PIP insurance, also called no-fault insurance, is a type of auto insurance that will pay your medical expenses and lost wages regardless of who was at fault for the accident.
Delaware drivers must have minimum coverage of $15,000 per person and $30,000 for all persons injured in an accident. You may have more, but that is the minimum.
PIP is the first avenue we will look to for your compensation.
Liability Insurance
Unlike other states, Delaware does not prohibit you from suing the at-fault driver for damages in excess of your PIP insurance.
If you still have unpaid medical expenses and lost income, as well as pain and suffering damages, you may file a claim against the other drivers.
How much compensation you can receive from their insurance company depends on their coverage. In Delaware, the minimum liability auto insurance is:
- $25,000 for bodily injury to or death of one person in an accident;
- $50,000 for bodily injury to or death of two or more persons in an accident; and
- $10,000 for property damage in an accident.
Each driver in a multi-vehicle accident would only be responsible for their portion of fault.
Uninsured Motorist and Underinsured Motorist (UM/UIM) Coverage
Unfortunately, not all drivers are insured. And even if they are, their coverage may not provide enough to cover your damages, especially if all they purchased was the minimum.
If you still have unrecovered losses after collecting damages from the other drivers’ insurance company, or are unable to collect from them at all, you may be able to turn to your UM/UIM coverage, if you have it.
The amount you can recover depends on how much you purchased.
Note that while all auto insurance companies must offer UM/UIM, it is not required, and it can be rejected in writing. We will help you review your auto insurance policy to determine whether UM/UIM coverage is included.
Collision Coverage
You can recover compensation for your damaged vehicle through your collision coverage. However, it is optional, so we will have to review your policy to see if it is included.
If so, you can file a claim to repair or replace your damaged vehicle through this coverage.
Collision coverage is available regardless of who caused the accident. Because of this, you do not have to wait and file a claim with the other driver’s insurance company for the property damage.
Who Is at Fault in a Rear-End Collision Involving 3 Cars?
Whether a rear-end collision, a t-bone crash, or another type of crash, when multiple vehicles are involved, liability can get convoluted.
Delaware operates under a modified comparative negligence system. Every driver in a multi-car accident can recover compensation for their injuries, even if they were also negligent.
However, their recoverable compensation is reduced by their share of fault. For example, if they were 20% at fault for the crash, their recoverable compensation will be reduced by that percentage.
However, if a driver’s negligence is greater than the combined negligence of the other parties, they cannot recover any compensation. So, if one of the drivers is 51% or more responsible for the collision, they won’t be able to recover anything.
The insurance companies involved in these collisions have powerful law firms on their side, who will use this law to their advantage, shifting as much of the blame as possible onto the other drivers to reduce their payouts.
At BMF, we know how these insurance companies operate, and we won’t let them unfairly shift the blame to you or your loved one. We will push back against their tactics, protect your rights, and ensure the truth guides the negotiation process.
What Evidence Is Useful in Determining Liability in a Multi-Car Crash?
Evidence investigators will utilize in a multi-car crash may include:
- Photos of the scene. Accident scene photos will capture the condition of the vehicles after the crash, as well as skid marks and surrounding structures.
- Video surveillance. Dash cams, traffic cameras, and nearby store security footage may have captured the accident in real time, providing valuable insight into how the accident occurred.
- Witness testimony. The testimony of any bystanders can provide an unbiased account of the events leading up to the accident.
- Medical records.. Multi-vehicle accidents can cause severe injuries or death. Medical documents describe the types of injuries, their severity, treatment plans, and their expected outcomes and effects on daily life.
- Police reports. Whether it’s the Delaware State Police or another local police department, the responding law enforcement agency compiles a report containing a verified timeline of events, an unbiased description of the accident, and the identities of the parties involved.
- Financial documents. If your injuries prevent you from working or force you to work reduced hours or lesser duties, you likely suffered a loss in wages and earning capacity. We will review your financial situation before and after the accident and paint an accurate picture of your financial injuries.
Our team of lawyers at BMF will help collect the evidence needed to prove your case. Because of the complexity of multi-vehicle accidents, we may also hire an accident reconstruction expert to recreate the accident and help identify liability.
Multi-Car Accidents in Delaware: Common Questions
Straight answers to what our Delaware car accident attorneys get asked most about multi-vehicle crashes.
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In Delaware, your own Personal Injury Protection (PIP) insurance typically pays first for medical expenses and lost wages, regardless of fault. If your damages exceed your PIP coverage, you may be able to file a claim against the at-fault driver’s liability insurance, and turn to your uninsured or underinsured motorist coverage if needed.
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Fault in a rear-end collision involving 3 cars depends on how the crash occurred, since more than one driver may share responsibility. Delaware’s modified comparative negligence rule allows each driver to recover compensation for their share of the damages, reduced by their own percentage of fault, unless that fault reaches 51% or more.
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Personal Injury Protection (PIP), also called no-fault insurance, is mandatory for all Delaware drivers and pays medical expenses and lost wages regardless of who caused the accident. Delaware requires a minimum of $15,000 in PIP coverage per person and $30,000 total per accident, under Delaware Code section 2118.
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If the at-fault drivers’ insurance is not enough to cover your losses, you may be able to turn to your own uninsured or underinsured motorist (UM/UIM) coverage, if you carry it. Delaware insurers must offer UM/UIM coverage, but drivers can reject it in writing, so it is important to review your policy after a multi-car accident.
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Investigators often rely on photos of the scene, video surveillance from dashcams or nearby cameras, witness testimony, medical records, police reports, and financial documents to determine liability in a multi-car crash. In complex cases, an accident reconstruction expert may also be hired to help recreate the accident and identify fault.
Don’t Pay for the Negligence of Others. Contact BMF Today to Protect Your Rights
We know your life has been turned upside down, and you’re wondering how all this fits together. But you don’t have to face this ordeal alone.
At BMF, we are committed to you and your family. You’re not just another case number in our system. We will fight for accountability and justice, and we will not let intimidation and pressure from insurance companies dictate our actions. We are prepared to take your case to trial if a fair settlement cannot be reached.
Contact our office now to schedule a consultation with our seasoned legal team. We’ll explain your options and the next steps you can take.
Legal References Used to Inform This Page
To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:
- Comparative negligence, Delaware Code § 8132.
- Personal Injury Protection Insurance, Delaware Code § 2118.
- Motor vehicle liability policy, Delaware Code § 2902.
- Uninsured and underinsured vehicle coverage, Delaware Code § 3902.
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