Most people get this wrong. They assume the at-fault driver’s insurance automatically pays for everything. That’s not how it works in Delaware or Pennsylvania.
Here’s what actually happens.
Delaware and Pennsylvania Are “No-Fault” States
Both states use PIP (Personal Injury Protection) , also called no-fault coverage. That means your own car insurance pays your medical bills and lost wages first, regardless of who caused the accident.
- Pennsylvania minimum PIP: $5,000
- Delaware minimum PIP: $15,000
So even if the other driver ran a red light, your insurance company still pays for your treatment up front.
Can You Waive PIP?
- In Pennsylvania , PIP is included by default but you can waive it. Bad idea. The savings are minimal and you’ll regret it the second you need medical care.
- In Delaware , you can’t waive PIP entirely, but you can carry a deductible that effectively guts your coverage. I’ve seen people with a $15,000 deductible on $15,000 of coverage, which wipes it out completely.
My advice: don’t cut corners here. The small discount on your premium isn’t worth losing your medical coverage.
How Does Reimbursement Work?
If the at-fault driver has liability coverage, their insurance may eventually repay your company for what your PIP paid out. But that happens later, after your injury claim is resolved. At the start, it’s always your insurance first.
What About Serious Injuries?
If your medical bills exceed your PIP limits, you’ll need to rely on your health insurance, whether it’s provided through your job or by the state or federal government (i.e., Medicaid or Medicare). Those excess medical bills can be recovered later as part of your claim against the at-fault driver (or your own uninsured/underinsured motorist coverage, circumstances depending.) It’s always a wise choice to maximize your PIP coverage, especially if you have limited or no health insurance coverage. that’s when the other driver’s insurance (or your own uninsured/underinsured motorist coverage) comes into play. But again, it starts with your PIP.
Final Word
Don’t assume the other driver’s insurance will pick up the tab. In Delaware and Pennsylvania, your own policy is the first line of defense. Make sure your coverage is strong enough before you ever need it.



