Automobile accident cases in Delaware are split into two major portions:  The negligence claim against the other driver and the PIP (personal injury protection/no fault) claim against your own insurance carrier.  Of immediate concern following an automobile accident with injuries is the payment of medical bills, lost wages and substitute services (assistance with tasks you are not able to perform as a result of your injuries), all payable under the PIP portion of your auto insurance coverage.  The negligence part of the case consists of the remaining economic loss, (medical bills and lost wages not covered by PIP, past, present and future), pain and suffering, permanency, scarring, loss of enjoyment of life and emotional harm claims against the other driver.

           In connection with the PIP claim, because the coverage is contractual, there is a requirement to give a statement of the facts surrounding the accident to your own insurance company (PIP carrier) and complete a PIP application.  Insurance companies prefer to take your statement before you retain legal counsel because the likelihood of eliciting statements, which may be damaging to your claim, is greatly enhanced if the statement is given in the absence of legal counsel.  There is no requirement, and it is not recommended, to give a statement or complete the PIP application without the assistance of legal counsel!

          The liability carrier, (insurance company that insures the other driver), is also very interested in taking your statement without the assistance of counsel for the same reasons.  Again, you are not required to give a statement until you have the opportunity to consult with legal counsel.  Any representations made by either insurance carrier, which attempt to coerce a non-represented statement, are clearly directed towards exploiting the uninformed layperson, who is ill prepared to navigate through the morass of procedures, decision-making and applicable laws.  The only benign topic of discussion with either carrier, without legal counsel, is the adjustment of your property damage claim.  Such discussions can be carried out without a description of the facts surrounding the accident or the nature and extent of your injuries.  There is no hurry!  The statute of limitations, (the amount of time a claimant has to perfect a claim through either settlement or filing suit), for negligence claims in Delaware is 2 years from the date of accident and 3 years from the date of denial for PIP, uninsured (UM) and under uninsured (UIM) claims.