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Delaware

Negligence Doctrine: Modified Comparative Negligence - 51 Percent Bar

Circuit # 3

Med Pay Subrogation - No

PIP Subrogation - Yes


Statute of Limitations

Statute of Repose: Products N/A
Statute of Repose: Real Property 6 years
Breach of Contract (Written) 3 years
Personal Property 2 years
If not discoverable in 2 years 3 years
Personal Injury 2 years
If not discoverable in 2 years 3 years
Warranty 4 years

ABLE TO PURSUE OWNER

Sue Owner for Negligence - NO

Suspend Owner's License - NO


Deductible Reimbursement

Undecided/ Pro Rata Default
No applicable statute, Administrative Code provision or case law exists
 


Garnishment

YES
(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)

15% of statutory net income. Garnishment remains in effect until the judgment is paid in full; Bank accounts cannot be garnished
 


Parental Responsibility

Minor (Under 18)
Dollar Limit on Parents’ Liability

  • $5,000 Vandalism
  • No limits for Auto

Liable for intentional or reckless damage to real or personal property; Person who signed license application liable for damages caused by minor driver; Owner of vehicle liable for damages caused by minor given permission to operate vehicle


Subrogation by Landlord's Carrier against Tenant

No, unless there is an express agreement between landlord and tenant that allows subrogation.


State Specific Information: Subrogation laws and trends are constantly changing. Maybank & Owings, LLC strives to keep the state specific information up to date with reference to applicable case law, statutory law and/or interpretations provided to it by its network of local attorneys for each jurisdiction. However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in the jurisdiction where the claim arose. The state specific information contained on this site should not be construed as legal advice by Maybank & Owings, LLC nor relied on for any specific claim or factual situation. If you have a specific subrogation question or if you notice an error in the information provided on this site, please contact us.

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