With roads and interstates traveling across the country, we have many clients that are out of state citizens but get injured in Delaware. We have seen it with PA residents traveling to the Delaware beaches, or with people just traveling through I-95.
If the accident occurred in Delaware, Delaware law would likely apply. There are scenarios where other state laws could apply but most of the time the courts will use the law where the injury occurred. This gets even more complicated when insurances get involved because then the claim becomes a contract dispute and a torts dispute.
The way the courts decide what law to use is known as the choice of law approach. Even if you are out of state citizen, it is likely a Delaware law issue and you should seek Delaware legal counsel. We are here to help and can set up virtual appointments so you do not have to keep traveling back and forth to Delaware.