Who pays medical bills after a car accident in Delaware?

Q: Dear Mr. Schwartz, I was in a car accident over Labor Day weekend in Dover, DE. I was rear ended in the accident. It was not my fault and the other driver got cited. The other driver’s insurance company is paying for my car to be fixed. I need to get medical treatment and I have received a bill from the ambulance company and hospital. Who should be paying for my medical care?

A: After a car accident in Delaware, your own insurance company should be paying for your medical treatment — not the other driver’s. Under your insurance policy, you should have Personal Injury Protection benefits or “PIP” for short. Your insurance should be paying your medical bills and your lost wages under your PIP policy, and your insurance will go to the other driver’s insurance company to get paid back later.

There are different levels of PIP. The minimum amount of PIP coverage you can carry in Delaware is 15/30. That means $15,000 in coverage per person, but no more than $30,000 for everyone in your vehicle at the time of the accident. Some PIP insurance policies have a higher limit. It is not uncommon to have 100/300 in PIP, meaning that there is $100,000 in coverage for medical bills and lost wages after an auto accident in Delaware. You should check your declarations page for your insurance policy to determine what your PIP limit is.

When you go to the doctor, chiropractor, physical therapist (etc.), give them your PIP insurance information. You should have the name of the insurance company and a claim number if you have reported the accident to your insurance company. Those are the things your medical provider will need to get reimbursed for treating you as a result of the accident.

You will need to complete an “application for PIP benefits” so your insurance company knows that the treatment you are receiving was caused by the accident. If you are considering retaining a lawyer to assist you with your accident case, you should let your attorney complete and return the PIP application for you.

I hope that answers your question!


Ben Schwartz represents people injured in car accidents, bus accidents, motorcycle accidents and tractor trailer accidents in all areas in the State of Delaware. Please feel free to contact us for a free consultation about your personal injury matter.


Leave a Reply