Delaware PIP coverage: medical bills, lost wages and a separate injury claim

Start with the coverage, not just who caused the crash

Delaware's motor-vehicle insurance statute includes personal injury protection, commonly called PIP. It addresses specified medical expenses, earnings losses and other covered losses arising from a motor-vehicle accident. Covered benefits do not initially depend on proving another driver's negligence. Who qualifies, which insurer responds and whether a particular expense is covered require the facts and the policy—not a one-size-fits-all answer.

Your declarations page, endorsements and claim correspondence help identify coverage. Tell an attorney which vehicle you occupied, whether you were a pedestrian, where the accident occurred and whether the vehicle was insured or registered elsewhere. These details can change the analysis.

Document treatment and wage losses

Keep medical bills, appointment records, work restrictions and proof of earnings you could not receive. Explain the accident accurately to your treating providers and save the insurer's written requests for information. An expense must satisfy the applicable coverage rules; having a bill does not automatically establish that an insurer owes the entire amount.

Separate the date of treatment, the date a bill was submitted and the insurer's response. If benefits are reduced or denied, keep the explanation rather than relying on a telephone conversation alone. A lawyer can assess the dispute, documentation and available procedures.

PIP and a negligence case serve different purposes

PIP benefits are not a settlement of every potential injury claim. A separate negligence claim may address supported losses outside PIP, including pain and suffering. Section 2118 also limits recovery of specified losses from a tortfeasor when they are available under PIP; the same loss cannot simply be collected twice.

Do not assume ongoing PIP payments protect a lawsuit deadline. Delaware's general personal-injury limitation and any applicable exceptions need separate review. Similarly, a release may resolve more than the payment immediately being offered.

Bring the policy and the questions that worry you

Start with the crash date, insurer and claim number, available bills, employment information and any denial letter. You can contact Michael before you have a complete file. A free evaluation can identify which coverage and injury issues need investigation, without promising an outcome.