Car Accident Statute of Limitations in Delaware
Last verified 2026-07 · Source: 10 Del. C. § 8119 ✓ verified · 3 sources
The deadline
2 years
from the date the injuries were sustained (the date of the accident), under 10 Del. C. § 8119.
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Under 10 Del. C. § 8119, you have 2 years from the date the injuries were sustained (the date of the accident) to file a car accident lawsuit in Delaware. Miss it and you lose the right to sue — but several Delaware-specific exceptions can extend (or shorten) that window, detailed below.
Delaware Deadlines for Related Claims
When the Clock Starts
In Delaware, the limitations period for car accident lawsuits generally begins on the date the injuries were sustained (the date of the accident). Delaware does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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Exceptions That Can Extend the Deadline
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Delaware has no general pre-suit notice statute for tort claims against the state or municipalities, but a claim against the City of Wilmington requires written notice to the Mayor of the time, place, cause and character of the injuries within one year of the injury (10 Del. C. § 8124).
Delaware is an outlier on minors: the infancy/incompetency savings statute (10 Del. C. § 8116) by its terms reaches only §§ 8101–8115, so it does not toll § 8119's two-year personal-injury deadline (Hurwitch v. Adams, 151 A.2d 286 (Del. Super. 1959); Nigro v. Flinn) — a minor's crash claim still runs from the date of injury.
Source: 10 Del. C. § 8119, official Delaware statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Delaware government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Delaware Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Delaware | 2 years | 10 Del. C. § 8119 |
| Maryland | 3 yrs | Md. Code, Cts. & Jud. Proc. § 5-101 |
| Pennsylvania | 2 yrs | 42 Pa.C.S. § 5524(2) |
| New Jersey | 2 yrs | N.J. Stat. Ann. § 2A:14-2(a) |
Frequently Asked Questions
How long do I have to file a car accident lawsuit in Delaware?
You have 2 years from the date the injuries were sustained (the date of the accident), under 10 Del. C. § 8119.
Can I still sue after 2 years in Delaware?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Is the deadline different for claims against the government?
Delaware has no general pre-suit notice statute for tort claims against the state or municipalities, but a claim against the City of Wilmington requires written notice to the Mayor of the time, place, cause and character of the injuries within one year of the injury (10 Del. C. § 8124).
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Sources
- Official 10 Del. C. § 8119 — Delaware Code Online, Title 10, Chapter 81 (official)
- Corroborating 10 Del. C. § 8119 (2025 edition) — Justia statute mirror
- Corroborating 10 Del. C. § 8119 — FindLaw statute mirror (current through Jan. 1, 2026)
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Delaware attorney.