Insurances At Play Following An Accident
By Amanda K. Dobies, Esq.
I represent injured victims following motor vehicle accidents or work accidents. Through the years of representing those involved in such tragedies, I have learned that most are unaware of what their insurance truly covers. For example, I frequently hear, “I have full coverage, so I am completely covered for this accident.” Full coverage on a vehicle is great. It means you carry liability insurance (protecting the other vehicle or person if you cause an accident), comprehensive and collision coverage (pays to repair your own vehicle after any kind of accident), and any other insurance required by the state in which you reside. However, it still may not provide adequate protection depending on the accident.
In Delaware, the state minimum liability coverage is $25,000 per person and $50,000 per accident. If you cause the accident and the other vehicle is carrying four individuals, then the maximum amount of coverage your car insurance will pay is $50,000. This is typically not enough coverage to protect you if you were at fault and claims are filed against you.
Uninsured or underinsured motorist coverage can be waived in Delaware. You should NEVER waive this coverage. Before signing up for any policy, make sure it includes uninsured or underinsured motorist coverage. This protects you in the event an uninsured driver causes an accident, or if the at-fault driver flees the accident scene. It also protects you in the event the at-fault driver does not have enough insurance on their vehicle (if you are one of the four in the accident described above). This coverage typically starts at $25,000 per person and $50,000 per accident, but again, this is not enough. If an uninsured driver causes an accident and you sustain serious injuries, then the most you can recover during this accident is $25,000.
Another coverage available on your policy is called Personal Injury Protection. This covers medical bills and lost wages if you are injured in an accident, for up to two years after the collision. Coverage extends to family members and your passengers. The minimum required in Delaware is $15,000 per person and $30,000 per accident. Again, the state minimum is often not enough. This coverage exhausts typically after an ambulance trip, hospital visit, and a course of physical therapy. You want to ensure there is enough money on your policy to cover hospital bills and replace your wages, so you do not have to rush back to work. This coverage will typically pay 80% of your wages.
As far as pain and suffering, the other vehicle’s liability insurance pays a settlement for your injuries. The settlements vary greatly and are based on the nature and extent of injuries, as well as the complexity of the medical treatment. Often, shortly after an accident, the other vehicle’s insurance company will call and offer you a low settlement to quickly get rid of the case. You should never settle with the at-fault party’s carrier until you discuss your claim with a skilled attorney who practices personal injury law and specifically motor vehicle accidents. An offer right after an accident cannot possibly encompass all of the medical treatment you will incur.
If you have been injured in an auto or work accident and have questions, contact one of our experienced attorneys at 302-565-6100, for a free consultation to learn how we can support your needs.
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