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DELAWARE AUTO INSURANCE GUIDE

Delaware Modified Comparative Negligence & the Greater-Than-50% Bar

Delaware follows modified comparative negligence. A claimant may recover when the claimant’s negligence is not greater than the negligence of the defendant or combined defendants; negligence greater than 50% bars recovery, while damages are reduced proportionally at 50% or less.

  • Identify every potentially responsible driver, owner, employer, governmental entity and other actor.
  • Preserve physical, electronic and witness evidence relevant to fault allocation.
  • Separate factual causation from legal allocation of negligence.
  • Apply current 10 Del. C. § 8132 and controlling Delaware authority.

Publication review note — September 17, 2026. Verify current comparative-negligence statutes and appellate decisions before publication.