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  • Writer's pictureBayard Marin

Delaware’s Insurance Disclosure Laws

Did you know that Delaware has an insurance disclosure law that applies to automobile accidents? Under 21 Del. C. § 2907, if there is a claim for personal injury damages against a motor vehicle insurer, the insurance company of the at fault driver has to disclose the relevant policy limits if there are documents showing at least $12,500 in medical bills, expenses, and/or lost wages.

A copy of the code is below.

21 Del. C. § 2907 (2018)

(a) A Delaware attorney who represents an injured person, or an individual injured in a motor vehicle accident who is not represented by an attorney, may, prior to the filing of a civil action for bodily injuries sustained as a result of a motor vehicle accident, request in writing that the insurer disclose the bodily injury limits of liability of any motor vehicle liability policy, as defined by § 2902(a) of this title, that may be applicable to the claim.

(b) The requesting party shall provide the insurer with the date of the motor vehicle accident, the name and last known address of the alleged liable party if it has been reported to the requesting party, a copy of the police report if any, and the claim number, if available.

(c) When requesting the bodily injury limits of liability, the requesting party shall also submit to the insurer the injured person's medical records, medical bills, and wage-loss documentation, pertaining to the claimed injury and supporting the damages referenced in subsection (d) of this section.

(d) If the total of the medical bills and wage losses submitted equals or exceeds $12,500, the insurer shall respond in writing within 30 days of receipt of the request, and shall disclose the bodily injury limits of liability at the time of the accident of all its motor vehicle liability policies, regardless of whether the insurer contests the applicability of the policy to the injured person's claim.

(e) Disclosure of the bodily injury policy limits under this section shall not constitute an admission that the alleged injury or damage is subject to the policy.

(f) Information concerning the insurance policy is not by reason of disclosure pursuant to this subsection admissible as evidence at trial.

(g) The disclosure shall be confidential and available only to the individual injured and the attorney representing the injured person and personnel in the office of the attorney.

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