Delaware: rules and deadlines at a glance

Every 14 topic we track for Delaware on one page. Open a topic for the details, the law it comes from and how Delaware compares.

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Car insurance by state · Claim deadlines · Small claims limits · Total loss rules · Shared fault rules · Accident reporting rules · Lemon law rules · Sales tax rates · Phone-while-driving laws · Motorcycle helmet laws · Gas tax · Uninsured drivers · Marijuana laws

General information only, not legal, insurance or financial advice. Not affiliated with any government agency. Exceptions can apply; open a topic for the details.

Filing deadlines (statute of limitations)

Personal injury	2 years
Property damage	2 years

Car insurance by state

Minimum liability	$25,000 / $50,000 / $10,000
Fault system	At-fault, with required PIP
Shared-fault rule	Modified comparative: barred at 51% fault or more

Claim deadlines

Acknowledge	15 working days to respond; start investigating within 10 working days
Accept or deny	30 days after proof of loss
Pay	Not set by rule

Small claims limits Single detailed source

Dollar limit	$25,000 (Justice of the Peace Court)
Filing fee	$35 to $45 for debt claims
Lawyers	Not needed for individuals

Total loss rules

Total loss rule	Total loss formula

Shared fault rules

Rule	Modified comparative negligence (51% bar)
When you are barred	Barred if you are 51% or more at fault

Accident reporting rules

Report required if	Death, injury, or over $500 damage
Deadline	Immediately

Lemon law rules Single detailed source

Repair attempts or days	4 attempts or 30 business days
Coverage period	Warranty or 1 year, whichever first

Sales tax rates Single detailed source

State rate	None
Combined average	None

Phone-while-driving laws Single detailed source

Handheld ban	Yes, all drivers (primary)
Texting ban	Yes, primary

Motorcycle helmet laws Single detailed source

Law type	Partial
Who must wear one	Riders under 19, and all riders for 2 years after getting an endorsement

Gas tax Single detailed source

Gasoline	23.0¢ per gallon
Diesel	22.0¢ per gallon

Uninsured drivers Single detailed source

Drivers uninsured	17.6%
UM/UIM coverage	Not required (insurers must offer it)

Marijuana laws

Legal status	Recreational and medical