Delaware Hit and Run Laws

Delaware classifies hit-and-run offenses in three tiers under Title 21, Chapter 42. A property-damage crash is a misdemeanor under 21 Del. C. section 4201; injury raises it to an unclassified misdemeanor under section 4202(b); and a fatal crash is a Class E felony under section 4202(c) with a mandatory minimum of one year in prison.

Hurt in a hit-and-run? If the driver who hit you fled or had no insurance, your own uninsured/underinsured-motorist (UM/UIM) coverage may pay your injury claim. Estimate what it could be worth with our free Delaware Car Accident Settlement Calculator.

Last verified: March 2026. This guide reflects current Delaware Code Title 21, Chapter 42.

What Are Delaware's Hit and Run Laws?

Under Delaware law, leaving the scene of an accident without stopping, identifying yourself, and rendering aid is a criminal offense. The severity of the charge depends on whether the accident caused property damage, injury, or death.

Delaware Code Title 21, Chapter 42 outlines three main statutes governing hit and run offenses. Section 4201 covers collisions involving property damage. Section 4202 addresses collisions that result in injury or death. Section 4203 establishes reporting requirements for all drivers involved in qualifying accidents.

Every driver in Delaware has a legal obligation to stop, share identifying information, and help anyone who is injured. Failing to meet these obligations can result in criminal charges, license revocation, and civil liability.

Delaware Hit and Run Penalties at a Glance

The penalties for leaving the scene of an accident in Delaware vary based on the outcome of the collision.

These penalties apply specifically to the hit and run offense itself. Prosecutors may file additional charges depending on the circumstances.

Property Damage Hit and Run (21 Del. C. Section 4201)

If you leave the scene of a collision that results only in property damage, you face a misdemeanor charge with these penalties:

• Fine: $230 to $1,150
• Imprisonment: 60 days to 6 months
• License revocation: 6 months

This applies to damage to another person's vehicle, a guardrail, a mailbox, a fence, or any other property. Even minor fender-benders carry legal obligations.

If the damage is only to your own property and no other person, vehicle, or environmental damage occurred, you may leave the scene. However, you must still file a report as required by Section 4203.

Hitting a Parked or Unattended Vehicle

If you collide with an unoccupied or parked vehicle, you must still stop. Section 4201(a) applies to any collision resulting in apparent damage to property, and section 4201(b) requires you to give your name, address, vehicle registration number, and driver's license to the owner of the damaged property. Chapter 42 does not set out a separate procedure, such as leaving a note, for when the owner cannot be found. In that situation, contacting the police agency with jurisdiction over the location is the safest way to show you did not flee, and a report is mandatory under section 4203 if the damage on a public highway appears to be $2,000 or more.

Injury Hit and Run (21 Del. C. Section 4202(b))

Fleeing an accident scene where someone is injured is an unclassified misdemeanor carrying significantly harsher penalties:

• Fine: $1,000 to $3,000
• Imprisonment: 1 to 2 years
• License revocation: 1 year

An unclassified misdemeanor in Delaware sits between a standard misdemeanor and a felony. The mandatory minimum imprisonment of 1 year reflects how seriously the state treats leaving an injured person without help.

Fatal Hit and Run (21 Del. C. Section 4202(c))

A hit and run resulting in death is a Class E felony under Delaware law. The penalties include:

• Mandatory minimum: 1 year incarceration (the first 6 months cannot be suspended)
• Maximum sentence: Up to 5 years under 11 Del. C. Section 4205
• License revocation: 2 years

Prosecutors may also pursue additional felony charges based on the circumstances, such as:

• Vehicular homicide
• Vehicular manslaughter
• Felony DUI
• Reckless driving

Multiple charges can run concurrently or consecutively, resulting in even longer prison sentences.

Your Legal Duties After an Accident in Delaware

Delaware law requires every driver involved in a collision to take specific actions immediately. Failing to complete any of these duties can support a hit and run charge.

1. Stop immediately. Pull over at the scene or as close as possible without blocking traffic more than necessary.

2. Check for injuries. Make reasonable efforts to determine whether anyone is hurt or killed.

3. Share your information. Provide the other driver, property owner, or law enforcement with:

• Your full name and address
• Your vehicle registration number
• Your driver's license (if requested)

4. Render reasonable assistance. If anyone is injured, help them get medical attention. This may include calling 911, providing first aid, or transporting an injured person to a hospital.

5. Remain at the scene. Stay until you have fulfilled all legal requirements or until law enforcement clears you to leave.

These duties apply to every collision, regardless of who caused the accident. Even if you believe the other driver was entirely at fault, you must stop and comply.

Reporting Requirements (21 Del. C. Section 4203)

Under 21 Del. C. Section 4203, you must immediately report a collision to the police agency with jurisdiction over the location when:

• The collision results in injury or death to any person
• Property damage on a public highway is $2,000 or more
• Any driver's physical ability appears impaired by alcohol or drugs

Police Investigation Threshold

Police agencies must investigate and complete a Uniform Traffic Collision Report when a collision involves:

• Apparent property damage of $2,000 or more
• Personal injury or death
• An impaired driver

Reports filed under Section 4203 are confidential. They cannot be used as evidence in civil or criminal trials, except to prove that a driver complied with the reporting requirement.

When Does a Hit and Run Become a Felony?

A hit and run in Delaware becomes a Class E felony only when the collision results in death. Property damage and injury hit and runs are classified as misdemeanors, regardless of the amount of damage or severity of injury.

However, separate felony charges may apply based on the driver's conduct. For example, if you fled the scene while intoxicated, you could face:

• Felony DUI if you have prior DUI convictions
• Vehicular homicide if reckless driving caused the death
• Vehicular assault if serious injury resulted from reckless or impaired driving

Each charge carries its own penalties, and they can stack on top of the hit and run charge.

How Fault Is Determined in Delaware

Delaware uses a modified comparative negligence rule under 10 Del. C. Section 8132. This rule directly affects how much compensation you can recover after a hit and run.

Key points of this rule:

• You can recover damages only if your negligence was not greater than the defendant's negligence
• Your damages are reduced in proportion to your percentage of fault
• If you are 51% or more at fault, you cannot recover any compensation

For example, if a court determines you were 30% at fault for a collision and your total damages were $100,000, you would receive $70,000 (reduced by your 30% share of fault).

This rule means you should never admit fault at the scene of an accident. Let investigators and insurance adjusters determine responsibility based on evidence.

Insurance Implications of a Hit and Run

A hit and run conviction can significantly affect your auto insurance in Delaware.

If You Are the Victim

If a hit and run driver damages your vehicle or injures you and cannot be identified, your options include:

• Uninsured Motorist (UM) coverage: This optional coverage pays for injuries and property damage caused by uninsured or unidentified drivers. Delaware insurers must offer UM coverage, but you can decline it in writing.
• Collision coverage: Pays for vehicle repairs regardless of who caused the accident, minus your deductible.
• PIP (Personal Injury Protection): Delaware requires minimum PIP coverage of $15,000 per person and $30,000 per accident for medical expenses.

A police report is required to file a UM claim for a hit and run in Delaware. UM property damage claims carry a standard $250 deductible. If a driver who fled injured you, get a free claim review from a Delaware car accident lawyer on the UM and PIP claims with your insurer (attorney advertising).

If You Are Convicted

A hit and run conviction will likely cause your insurance premiums to increase substantially. Insurance companies view leaving the scene as a serious offense. You may also face policy cancellation or difficulty finding new coverage.

Delaware Minimum Insurance Requirements

Delaware requires all drivers to carry minimum liability insurance of:

• $25,000 per person for bodily injury
• $50,000 per accident for bodily injury
• $10,000 per accident for property damage

Driving without insurance is a separate offense that compounds the legal consequences of a hit and run.

Statute of Limitations

In Delaware, the time limits for filing legal action after a hit and run depend on the type of claim:

• Personal injury: 2 years from the date of injury under 10 Del. C. Section 8119
• Wrongful death: 2 years from the date of death under 10 Del. C. Section 8107
• Property damage: 2 years from the date the damage occurred under 10 Del. C. Section 8107

These deadlines are strict. If you miss the filing deadline, you lose the right to pursue compensation through the courts. Criminal charges have separate time limits and are handled by prosecutors, not individual victims.

Delaware Traffic Crash Statistics

According to the Insurance Institute for Highway Safety (IIHS) and NHTSA data:

• Total traffic deaths in Delaware (2023): 135
• Death rate: 13.1 per 100,000 population
• Deaths per 100 million vehicle miles: 1.39
• Car occupant deaths: 49 (36%)
• Pedestrian deaths: 27 (20%)
• Motorcyclist deaths: 14 (10%)
• Alcohol-involved fatalities: Approximately 33% of fatally injured drivers had BAC of 0.08% or higher
• National total (2024 estimate): 39,345 traffic fatalities, a 3.8% decrease from 2023

Nationally, hit and run crashes occur approximately every 43 seconds, resulting in over 2,000 fatalities annually according to the AAA Foundation for Traffic Safety.

Common Hit and Run Defenses

If you are charged with a hit and run in Delaware, several defenses may apply depending on the facts of your case.

Lack of knowledge. You did not realize you were involved in a collision. This defense is more credible in low-speed incidents or situations involving minimal contact.

Safety concerns. You left the scene because you reasonably feared for your physical safety. In this case, you should have driven to the nearest police station or safe location and reported the accident immediately.

No actual damage or injury. The prosecution must prove that property damage, injury, or death actually occurred. If there was no damage, the hit and run statute does not apply.

Medical emergency. You left the scene to seek urgent medical treatment for yourself or your passengers. You must show that you reported the accident as soon as reasonably possible afterward.

Compliance. You fulfilled all legal requirements (stopped, exchanged information, rendered aid) before leaving the scene.

Every case involves unique facts. Consult with an attorney as soon as possible after a hit and run charge.

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Frequently Asked Questions

What should I do if someone hits my parked car and drives off in Delaware?

Call the police immediately and file a report. Document the damage with photographs, note any witness contact information, and check nearby security cameras that may have recorded the incident. File a claim with your insurance company. If you have collision coverage, it will pay for repairs minus your deductible. Uninsured motorist property damage coverage may also apply if you carry it.

What is the difference between a misdemeanor and felony hit and run in Delaware?

In Delaware, a hit and run involving only property damage is a misdemeanor (fines of $230 to $1,150, up to 6 months in jail). A hit and run causing injury is an unclassified misdemeanor (fines of $1,000 to $3,000, 1 to 2 years imprisonment). A hit and run becomes a Class E felony only when someone dies, carrying a mandatory minimum of 1 year in prison and a maximum of 5 years.

Will my license be suspended for a hit and run in Delaware?

Yes. Delaware mandates license revocation for all hit and run convictions. The revocation period is 6 months for property damage only, 1 year for injury, and 2 years for fatal accidents. The statute directs the Secretary to revoke the license of every person convicted, so revocation is mandatory upon conviction.

Do I have to report a minor fender-bender in Delaware?

You must report any collision on a public highway that results in property damage of $2,000 or more, any injury or death, or involves an impaired driver under 21 Del. C. Section 4203. Even if the damage appears minor, you should stop, exchange information, and file a report to protect yourself from potential hit and run charges.

How long do I have to file a lawsuit after a hit and run in Delaware?

Delaware allows 2 years from the date of injury to file a personal injury lawsuit and 2 years from the date of death to file a wrongful death claim. Property damage claims also have a 2-year deadline. Missing these deadlines bars you from recovering compensation through the courts. Criminal charges are handled separately by prosecutors and follow different timelines.