This office lease clause describes the allocation of risks. The parties desire to allocate certain risks of personal injury, bodily injury or property damage, and risks of loss of real or personal property by reason of fire, explosion or other casualty, and to provide for the responsibility for insuring those risks as permitted by law.
Delaware No Fault Clause
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Multi-State
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US-OL25072
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FAQ
Delaware is a fault state, which means if you cause damage in an accident while you're uninsured, you'll have to pay for it out of pocket. Additionally, the state will again suspend your driver's license and registration for six months.
In a no-fault claim, the parties are not required to prove any party's blameworthiness to resolve the claim. In contrast, parties to a fault-based claim must prove a party was at fault to prevail on the claim.
Full tort terminology is used primarily in three no-fault states: Kentucky, New Jersey and Pennsylvania. In these states, you may have the option to retain your ability to sue another driver for medical expenses and pain and suffering, essentially opting out of your state's no-fault laws.
Delaware requires all vehicle owners to carry personal injury protection (PIP) insurance, which provides coverage for injuries sustained in a car accident. PIP insurance is first-party coverage, meaning it pays for your own injuries and lost income if you're injured.
Delaware is an "at-fault" or "tort" state, which means the person who is at fault for a car accident is responsible for paying for other people's injuries and property damage resulting from the accident.
§ 2118. Delaware no-fault law (AKA: PIP or personal injury protection) provides for specific car insurance benefits ($15,000 per person, $30,000 per accident) that cover medical bills, loss of net earnings, funeral expenses, household help, etc. These car accident insurance benefits are available regardless of fault.
Unlike Pennsylvania, Delaware does not have full tort or limited tort distinctions on car insurance policies, so Pennsylvania residents injured in a Delaware motor vehicle accident caused by a Delaware resident can recover for pain and suffering even if they have elected limited tort coverage.