If there is uninsured motorist (“UM”) coverage available, you will have a claim. Under Delaware law, uninsured motorist coverage applies in four situations: (1) The at-fault driver has no liability insurance; (2) the insurance company insuring the at-fault driver is insolvent; (3) the insurance company for the at-fault driver denies coverage; or (4) the accident was caused by a hit-and-run driver. In Delaware, an insurance company must properly offer uninsured/underinsured motorist coverage in an amount equal to the amount of your liability coverage. If the insurance company has failed to make a proper offer, the UM coverage can be potentially increased even after the accident.
An experienced Delaware personal injury attorney will be on the lookout for this issue, and will take the appropriate steps to have your automobile insurance coverage “reformed” to a greater amount. Sometimes it is necessary to file a lawsuit against your own insurance company to accomplish this objective. This process is known as a reformation action.