If you were in an avoidable car crash that another person’s carelessness caused, you may be eligible for a payment from them to cover your losses. While the parties involved in an auto collision generally try to reach a settlement agreement with their insurers, sometimes there is a hearing when they cannot.
During a car wreck trial, you must establish the defendant’s fault by proving their negligence caused the collision. Contact our hard-working and qualified attorneys for help. We have extensive experience in handling car accident trials in Wilmington.
Car Insurance Regulations
Delaware is a no-fault insurance state, requiring residents and those traveling through it to adhere to its auto insurance coverage regulations. With no-fault insurance, each person who was involved in a car crash files a claim with their own provider for a payout. However, when injuries and other losses are significant, there may be cause for civil action.
According to guidance from the state’s insurance department, all motorists with registered vehicles must carry the minimum requirement of liability coverage to travel on state roads. The lowest coverage includes at least $25,000 for each person, $50,000 per crash for bodily injuries, including death, and $10,000 for property damage. All policies must also include at least $15,000 per person and a minimum of $30,000 per collision for personal injury protection, which is known as PIP auto insurance coverage.
All drivers must have valid proof of auto insurance and vehicle registration with them and must provide it upon police officers’ requests. Penalties for non-compliance can include steep fines, such as $1,500 for a first offense, and driver’s license suspension. If you were involved in a Wilmington car crash, a seasoned attorney can help you with your insurance company negotiations and your trial if one is necessary.
Establishing Liability
Establishing liability in car crash trials requires proving the defendant was negligent, which makes them legally and financially responsible for the damages. The evidence needed to build a strong claim includes:
- Police reports
- Eyewitness accounts and statements
- Photographs and video footage, if available
- The defendant’s driving record to establish previous traffic violations and involvement in car wrecks
- Collision reconstruction to show the causes and sequence of events leading up to the crash
- The plaintiff’s medical records and hospital bills
To prove negligence, the case must show that the defendant had a duty of responsible care to act safely and that their actions breached this obligation. The evidence must also prove that the defendant’s recklessness caused the incident and that the plaintiff sustained verifiable damages, such as bodily injuries and property damage.
Statute of Limitations
The vehicle collision statute of limitations sets a deadline for pursuing payment from the at-fault party after a car crash. In Delaware, the plaintiff has two years from the date of the cause of action in most cases.
If the crash involved minors, the court may grant an extension on the statute’s time. However, preparing a case filing promptly ensures the evidence is readily available, increasing the chance of obtaining monetary damages. If you are preparing for a trial after a Wilmington car wreck, our lawyers can review these regulations in detail during a consultation.
Call Our Wilmington Attorneys Today About Car Accident Trials
Under the state’s no-fault insurance system, you can file a claim for a payment of medical bills and lost wages with your auto insurance provider through the PIP portion of your own policy. Your own insurance company will later seek reimbursement from the other driver’s liability policy. If your bills exceed your PIP coverage though, you can include that part of the bills as part of your liability claim or lawsuit against the other driver.
Our skilled lawyers at Doroshow, Pasquale, Krawitz, & Bhaya can help you with your insurance claims by handling communications and negotiations. We have considerable experience with car accident trials in Wilmington. If necessary, we can help you navigate the trial process and will work diligently to obtain a just settlement for you. Call us today to schedule a consultation to review your case.