Key facts
| Fact | Detail |
|---|---|
| Insurance required | Yes |
| Minimum liability | $25,000 per person / $50,000 per accident bodily injury, $10,000 property damage |
| Personal injury protection | Required: $15,000 per person / $30,000 per accident |
| Fault system | At-fault (add-on PIP) |
| Uninsured motorist | Included unless rejected in writing |
| Underinsured motorist | Must be offered (up to $100,000/$300,000, not above your liability limits) |
| Fine for a first uninsured offense | $1,500 to $2,000, plus a 6-month license suspension |
| Average expenditure (2023) | $1,462.03 a year (US: $1,281) |
| Average premium with collision and comprehensive (2023) | $1,569.21 a year (US: $1,438) |
| Uninsured drivers (2023) | 17.6% (US: 15.4%) |
| Insurance regulator | Delaware Department of Insurance, 302-674-7300 |
| Motor vehicle agency | Delaware Division of Motor Vehicles |
Delaware is a fault state that also requires PIP
Delaware is an at-fault state that still requires personal injury protection. It uses an add-on system: every policy must carry PIP, which pays your own medical bills and related losses after a crash no matter who caused it, but you keep the right to bring a claim against the at-fault driver for damages beyond what PIP pays.
That makes Delaware different from both groups of states:
- Unlike pure at-fault states, you do not have to wait for the other driver's insurer to accept fault before your medical bills start being paid.
- Unlike no-fault states, there is no threshold you must meet before you can claim against the driver who caused the crash.
Delaware's PIP minimum is $15,000 per person and $30,000 for everyone injured in one accident. Within that, funeral expenses are capped at $5,000. Our personal injury protection guide and no-fault vs at-fault states explain how the systems compare.
The full list of Delaware minimums
| Coverage | Delaware minimum |
|---|---|
| Bodily injury liability, per person | $25,000 |
| Bodily injury liability, per accident | $50,000 |
| Property damage liability, per accident | $10,000 |
| Personal injury protection | $15,000 per person / $30,000 per accident |
| Uninsured motorist | Included unless rejected in writing |
The property damage minimum is low compared with what many vehicles cost to repair or replace. For example, if you cause a crash that totals a car worth $30,000 and your property damage limit is $20,000, the owner's insurer can come after you for the remaining $10,000. Higher liability limits reduce that risk, and collision coverage is the only part of a policy that repairs your own car after a crash you cause.
We could not confirm a separate state rule on medical payments coverage for Delaware; PIP already covers medical costs, and the Delaware Department of Insurance can explain any optional add-ons.
Fines and suspensions for driving uninsured in Delaware
Delaware's insurance law sets a minimum and a maximum fine for each offense:
| Offense | Fine | License suspension |
|---|---|---|
| First offense | $1,500 to $2,000 | 6 months |
| Each later offense within 3 years | $3,000 to $4,000 | 6 months |
A driver caught without insurance also loses driving privileges in Delaware until proof of insurance is filed with the Division of Motor Vehicles. Even a short lapse between policies can count, so start a new policy before the old one ends. Our post on car insurance lapses shows how.
Uninsured and underinsured motorist options
Uninsured motorist (UM) coverage is included in Delaware policies unless you reject it in writing, with limits at least equal to the state's financial responsibility minimums. Underinsured motorist (UIM) coverage is not automatic: insurers must offer it, and the Key facts table above shows the limits the law allows.
The Insurance Research Council estimates that 17.6% of Delaware drivers were uninsured in 2023, above the national estimate of 15.4%. Because PIP pays only up to its limit, uninsured motorist coverage is what pays for larger injury losses when the at-fault driver has no insurance.
Delaware costs compared with the US
| Measure (2023) | Delaware | United States |
|---|---|---|
| Average expenditure per insured vehicle | $1,462.03 | $1,281 |
| Average premium with liability, collision and comprehensive | $1,569.21 | $1,438 |
Delaware's averages are above the national average, and every Delaware policy includes PIP as well as liability coverage. The average expenditure works out to about $122 a month. Your own price depends on your ZIP code, record and coverage choices; our cost factors hub explains each one.
Crash numbers for Delaware
IIHS counted 126 crash deaths in Delaware in 2024, in a state of 1,059,952 people (2025).
| Crash measure (2024) | Delaware | United States |
|---|---|---|
| Death rate by population | 12.0 per 100,000 people | 11.5 per 100,000 people |
| Death rate by miles driven | 1.27 per 100 million miles | 1.19 per 100 million miles |
| Estimated share of killed drivers who were alcohol-impaired | 33% | 31% |
| Share of deaths that were speeding-related | 25% | 29% |
Delaware's death rates and alcohol-impaired share are above the national figures, while the speeding-related share is below. If you are in a crash, our after an accident guide covers what to do with PIP and liability claims.
Nearby rules differ: see Maryland, Pennsylvania and New Jersey, or the state list.
Frequently asked questions
Is PIP mandatory in Delaware?
Yes. Every Delaware policy must include personal injury protection of at least $15,000 per person and $30,000 per accident.
How much is the fine for driving without insurance in Delaware?
$1,500 to $2,000 for a first offense and $3,000 to $4,000 for a later offense within 3 years, each with a 6-month license suspension.
Does Delaware PIP pay funeral costs?
Yes, up to $5,000, as part of the required PIP coverage.
Can I turn down uninsured motorist coverage in Delaware?
Yes, but only in writing. Without a written rejection, it stays on your policy.
Is Delaware a no-fault state?
No. Delaware is an at-fault state with required add-on PIP. PIP pays your own injury costs first, and you can still claim against the at-fault driver for more.
Sources
- Delaware Code, Title 21, Chapter 21, Subchapter I insurance requirement, PIP minimums, funeral cap and penalties (section 2118)
- Delaware Code, Title 18, Chapter 39 uninsured and underinsured motorist rules
- Delaware Department of Insurance, Auto Insurance Guide consumer guide and contact details
- Insurance Information Institute, Background on no-fault auto insurance add-on states
- NAIC, 2022/2023 Auto Insurance Database Report average expenditure and premium
- Insurance Information Institute, Facts + Statistics: Uninsured motorists uninsured driver estimates
- IIHS, Fatality Facts 2024: State by state crash deaths
- Delaware Code, Title 21, Chapter 29 (Motor Vehicle Safety-Responsibility), Section 2902 as of October 28, 2026
- Alabama Department of Insurance, State Auto Insurance Laws as of October 28, 2026
- Delaware Division of Motor Vehicles, Home page as of October 28, 2026
- U.S. Census Bureau, Vintage 2025 state population estimates (NST-EST2025-POP) as of January 27, 2026
- Insurance Research Council, Uninsured and Underinsured Motorists: 2017–2023 (press release) as of February 20, 2025
Last reviewed by the StateCover Guide editorial team. See our editorial policy. Spotted an error? Tell us.