Delaware requires at least $25,000 of bodily injury liability per person, $50,000 per accident and $10,000 of property damage liability (25/50/10), plus personal injury protection (PIP) of $15,000 per person and $30,000 per accident. Uninsured and underinsured motorist coverage is included in your policy unless you reject it in writing.
If your insurance lapses, the Division of Motor Vehicles (DMV) suspends the registration and charges an uninsured fee that grows each day after the first 30. Driving without insurance is a separate offense, with a court fine of $1,500 to $2,000 and a six-month license suspension the first time.
Key Takeaways
- Delaware’s minimums are 25/50/10 liability and $15,000/$30,000 of PIP. Uninsured and underinsured motorist coverage comes with the policy unless the named insured rejects it in writing on the insurer’s form.
- PIP pays your own medical bills and lost earnings after a crash. You can still sue the at-fault driver in Delaware, but you can’t claim the expenses PIP is meant to pay.
- A lapse leads to a registration suspension and a DMV fee of $100 for the first 30 days, $5 a day after that and a $50 reinstatement fee. The DMV says to turn in your plates before you cancel insurance.
- Under state law, driving uninsured costs $1,500 to $2,000 and a six-month license suspension for a first offense, and $3,000 to $4,000 plus another six months for a repeat within three years.
Delaware Minimum Car Insurance at a Glance
| Coverage | Requirement |
|---|---|
| Bodily injury liability | $25,000 per person and $50,000 per accident |
| Property damage liability | $10,000 per accident |
| Personal injury protection | $15,000 per person and $30,000 per accident |
| Uninsured and underinsured motorist | Included at least at the state minimums unless you reject it in writing |
| Collision and comprehensive | Not required by law, but lenders and lessors often require them |
The liability limits are set by 21 Del. C. 2902, and the PIP amounts come from 21 Del. C. 2118. The DMV lists the same figures on its insurance page. The current liability limits took effect on December 13, 2017, according to the Delaware Department of Insurance (DOI) Auto Bulletin No. 25. Older websites that quote 15/30/5 are using the limits from before that date.
The DMV won’t register or renew a car without a qualifying policy, and it says insurance from other states isn’t accepted to title and register a vehicle in Delaware. RateFrog’s guide to liability limits explains how the numbers work.
Personal Injury Protection in Delaware
PIP is paid by your own policy. Under 21 Del. C. 2118, it covers medical, hospital, dental, ambulance, nursing and similar costs, net lost earnings (including for the self-employed) and the cost of hiring help for tasks you would have done yourself. Funeral costs are covered up to $5,000.
Expenses generally have to be incurred within two years of the crash. If surgery or dental work has to wait, the cost can still be paid when the need is verified in writing within those two years, and related lost earnings are capped at 90 days.
PIP covers people in the insured car and, in some situations, you and your household members as pedestrians or while riding in another registered vehicle. RateFrog’s guide to personal injury protection explains the coverage in general.
PIP Deductibles and Options
Car owners can’t waive PIP, but they can choose deductibles, waiting periods and other limits on it, and the insurer has to explain those options in writing. The DOI’s auto insurance guide warns that a quote with the $15,000 minimum PIP may come with a large deductible, and suggests asking your agent about the difference between restricted and unrestricted PIP.
PIP and Your Right to Sue
Section 2118 doesn’t set an injury or dollar threshold you have to meet before suing. What it does do is stop you from claiming, in a lawsuit against the at-fault driver, the damages that PIP is meant to pay, even if you chose a deductible or a reduced option. Your insurer can then try to recover what it paid you from the other driver’s side.
Delaware doesn’t require medical payments coverage, since PIP pays medical costs.
Uninsured and Underinsured Motorist Coverage in Delaware
Under 18 Del. C. 3902, uninsured motorist coverage, which includes underinsured coverage, is part of the policy unless the named insured rejects it in writing on a form from the insurer. The DOI’s Form A puts it this way: the coverage “is not mandatory, but it is required that the coverage be offered.” If you reject it, the same insurer doesn’t have to add it back at renewal unless you ask in writing.
The coverage has to be at least the state’s minimum liability limits. Insurers must also offer higher limits up to $100,000 per person and $300,000 per accident, though not above your own bodily injury limits. Here’s how the main pieces work:
- Uninsured drivers: This includes a driver with no liability coverage, one whose insurer denies coverage or becomes insolvent, and a hit-and-run driver, subject to conditions such as a police report and prompt notice to your insurer.
- Underinsured drivers: This applies when the other driver has liability coverage, but less than your damages. Your insurer doesn’t have to pay until the at-fault driver’s limits are used up by a settlement or judgment.
- Property damage: UM also covers property damage from an uninsured vehicle, with a $250 deductible per accident unless you agree otherwise in writing.
- Stacking: Covering more than one car or person doesn’t raise the limits, and for household cars with the same insurer, the total can’t go above the highest limit on any one car.
RateFrog’s guide to uninsured and underinsured motorist coverage explains these coverages in more detail.
Proof of Insurance in Delaware
Your insurance ID card has to be in the car or with the driver, and you have to show it when an officer asks. If you can’t, you get a summons. Under 21 Del. C. 2118, a card can be shown electronically, including on a phone, when the insured and the insurer agree to that format. Showing your phone doesn’t give the officer consent to look at anything else on it.
The DMV’s insurance page mentions only the card, so a paper copy in the car is a sensible backup. RateFrog’s guide to getting proof of insurance fast can help if you need a card right away.
How Delaware Checks Your Coverage
State law requires the DMV to pick at least 10% of registrations each year for a random insurance check. If your car is chosen, you have 30 days to send proof, and not doing so is treated as evidence that the car is uninsured.
In an April 28, 2026 memo to insurers, the DMV announced a Real Time Insurance Verification system, also called the Delaware Insurance Verification System. The memo said details, including a timeline, would come later, and it gave no start date.
What Happens When Coverage Lapses
When the DMV learns of a lapse, it suspends the registration until you get insurance, send certified proof and pay the uninsured penalty fee. You have to turn in the registration card and plate within five days of the suspension notice.
According to the DMV’s uninsured motorist page, the fee is $100 for the first 30 days and $5 for each day after that, plus a $50 registration reinstatement fee. Under state law, the daily charge stops when you replace the insurance, turn in the tags or the registration expires.
The simplest way to avoid the fee is on the DMV’s insurance page: plates have to be turned in before you cancel insurance on a car with an active registration. The DMV returns them at no charge if you show proper insurance before the registration expires. RateFrog’s guide to what happens when insurance lapses covers the broader risks.
Penalties for Driving Without Insurance in Delaware
The DMV fee above is separate from any penalty a court imposes, and you can face both.
Court Penalties
Under 21 Del. C. 2118, a first offense brings a fine of $1,500 to $2,000 and a six-month suspension of your license or driving privileges. A repeat offense within three years brings a fine of $3,000 to $4,000 and another six-month suspension. Your privileges stay suspended until you give the DMV proof of insurance.
The DMV’s insurance page lists only the minimum fines, $1,500 and $3,000, and mentions a registration suspension rather than a license suspension. The amounts above come from the statute, which matches the DOI guide.
Since a 2021 law, Senate Bill 40, a court can suspend all or part of the minimum fine if you show you got insurance between the date of the charge and sentencing. Some older sources say this wasn’t allowed after 30 or more days uninsured, but that rule is no longer in the code.
Fake Insurance Cards
Making, selling or possessing a fake or blank insurance card is a separate offense under 21 Del. C. 2118A. A first offense can bring a fine of $500 to $1,500, 30 to 60 days in jail or both, and later offenses carry higher penalties.
A Crash Without Insurance
In 1976, Delaware repealed most of its rules requiring security deposits after a crash, according to the statute history. An unpaid judgment is still a problem. Under 21 Del. C. 2941 to 2943, if you don’t pay a crash judgment within 60 days, the court reports it and your license is suspended until the judgment is satisfied and you give proof of financial responsibility.
SR-22 Filings in Delaware
None of the Delaware DMV pages reviewed for this guide use the term SR-22. The state’s law calls it proof of financial responsibility, and one form of it is a written certificate from an insurer authorized in Delaware. A bond or a deposit can also count. Proof is required after an unpaid crash judgment, and if filed proof stops being valid, your license can be suspended until you file new proof.
The DMV can tell you whether you need a filing and for how long. RateFrog’s SR-22 guide explains how these filings work in general.
If You Can’t Find Coverage
The Delaware Automobile Insurance Plan (DAIP) provides coverage for people who can’t get it in the regular market. According to its page on AIPSO, drivers with a valid Delaware license and a car registered in Delaware are eligible to be assigned, and any agent with a Delaware property and casualty license can submit an application. The plan’s phone number is (888) 820-0170.
Plan policies can carry surcharges, including higher ones after certain convictions such as drunk driving, and the law limits those surcharges to three years.
How Delaware Insurers Set Rates
Under 18 Del. C. 2503, rates can’t be excessive, inadequate or unfairly discriminatory. The same law includes two specific protections:
- An insurer can’t raise your renewal rate solely because you turn 75 or older.
- It can’t charge you more solely because your marital status changed due to a spouse’s death.
Delaware requires a discount for drivers of any age who voluntarily complete a DMV-approved accident prevention course. Under Regulation 607, it’s 10% on bodily injury, property damage and PIP premiums for three years, and a timely refresher course raises it to 15%. A course a court or the DMV requires you to take doesn’t count.
Credit is allowed with limits. Under 18 Del. C. 8304, an insurer can’t request your credit information at renewal unless you or your agent ask, and it can’t deny, cancel or nonrenew a policy based solely on credit. RateFrog’s guide to the factors that affect car insurance rates covers the rest.
Cancellation and Nonrenewal Rules
Once a policy has been in effect for 60 days, or if it’s a renewal, 18 Del. C. 3904 lets the insurer cancel or decline to renew only for listed reasons. These include nonpayment, a material misrepresentation, false claims and a license suspension or revocation for you or a regular driver in your household.
Under 18 Del. C. 3905, the insurer has to give at least 30 days’ notice of cancellation, or 15 days for nonpayment, with the reasons. Nonrenewal also takes at least 30 days’ notice with reasons, unless it’s for nonpayment or the insurer offered to renew. The notice has to tell you about the assigned-risk plan and your right to appeal.
To appeal, ask the Insurance Commissioner for a review at least 20 days before the cancellation or nonrenewal takes effect. RateFrog’s guide to car insurance grace periods explains what usually happens when a payment is late.
Is Delaware’s Minimum Coverage Enough?
Delaware’s $10,000 property damage minimum may not pay to replace one newer car, and $25,000 of bodily injury coverage can run out quickly in a serious crash. If a claim is more than your limits, you could owe the rest. Check the PIP deductible on any low-priced quote, and think about how you’d pay your own bills before you reject uninsured motorist coverage.
Higher limits cost more, so weigh them against what you own and could lose in a lawsuit. RateFrog’s guide to how much car insurance you need can help you choose, and you can compare car insurance quotes at several coverage levels.
Where to Get Help
The DOI handles questions about cancellations, claims and PIP disputes. Its contact page lists (302) 674-7300 and a toll-free number, (800) 282-8611, for calls within Delaware, and you can file a complaint or appeal through its complaint page.
For registration suspensions and uninsured fees, contact the DMV’s Uninsured Motorist unit at 302-744-2513 or deum@delaware.gov.
Frequently Asked Questions
Is Uninsured Motorist Coverage Required in Delaware?
It comes with your policy unless the named insured rejects it in writing on the insurer’s form. It covers both uninsured and underinsured drivers.
Can I Still Sue the At-Fault Driver If I Have PIP in Delaware?
Yes. Delaware’s PIP law doesn’t set an injury or dollar threshold for lawsuits, but you can’t claim the damages your PIP coverage is meant to pay.
What Is the Fine for Driving Without Insurance in Delaware?
Under state law, a first offense brings a fine of $1,500 to $2,000 and a six-month license suspension. A repeat within three years brings $3,000 to $4,000 and another six months. DMV uninsured fees can apply separately.
How Do I Avoid the DMV Uninsured Fee When I Cancel Insurance?
Turn in the license plates to the DMV before you cancel the insurance. The DMV says plates must be surrendered before insurance is cancelled on a car with an active registration.
Sources
- Delaware DMV: Insurance Requirements
- Delaware DMV: Uninsured Motorist
- Delaware DMV: Insurance Verification System Memo (April 2026)
- Delaware Department of Insurance: The Instant Insurance Guide: Auto
- Delaware Department of Insurance: Auto Bulletin No. 25
- Delaware Department of Insurance: Form A Required Statement to Policyholders
- 21 Del. C. 2118, 2118A and 2118B
- 21 Del. C. 2901 to 2913
- 21 Del. C. 2921 to 2927
- 21 Del. C. 2941 to 2955
- 18 Del. C. 3902 to 3920
- 18 Del. C. 2501 to 2535
- 18 Del. C. 8301 to 8312
- 18 Del. Admin. Code 607: Accident Prevention Course Discount
- Delaware General Assembly: Senate Bill 40 (2021)
- AIPSO: Delaware Automobile Insurance Plan
- Delaware Department of Insurance: Contact
- Delaware Department of Insurance: File a Complaint or Appeal