UNINSURED/UNDERINSURED MOTORIST COMPLAINT

State of Delaware — Superior Court

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Insurance Policy Information
5. Coverage Type — UM vs. UIM
6. Facts of the Accident
7. Uninsured/Underinsured Status of At-Fault Driver
8. Exhaustion of Liability Coverage
9. Breach of Contract
10. Bad Faith (If Applicable)
11. Damages
12. Stacking Allegations
13. Arbitration vs. Litigation
14. Prayer for Relief
15. Verification
16. Delaware Practice Notes

1. CAPTION

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

IN AND FOR [____] COUNTY

2. PARTIES

2.1 Plaintiff

1. Plaintiff, [PLAINTIFF FULL LEGAL NAME], is an individual who at all relevant times resided at [________________________________], [CITY], Delaware [__________].

2. Plaintiff was, at the time of the incident described herein, a named insured or qualified insured under a motor vehicle insurance policy issued by Defendant.

2.2 Defendant — Insurance Company

3. Defendant, [INSURANCE COMPANY FULL LEGAL NAME], is an insurance company organized under the laws of [________________________________], authorized to transact insurance business in the State of Delaware, with its principal place of business at [________________________________].

3. JURISDICTION AND VENUE

4. This Court has jurisdiction over this matter pursuant to 10 Del. C. § 541 (Superior Court general jurisdiction).

5. Venue is proper in [____] County because (select applicable):

☐ The accident occurred in [____] County
☐ Defendant regularly transacts business in [____] County
☐ Plaintiff resides in [____] County

4. INSURANCE POLICY INFORMATION

6. At all relevant times, Plaintiff was insured under a motor vehicle insurance policy issued by Defendant, Policy No. [________________________________], with an effective period from [__/__/____] to [__/__/____].

7. The policy provided the following relevant coverages:

☐ Uninsured Motorist Bodily Injury: $[________] per person / $[________] per accident
☐ Underinsured Motorist Bodily Injury: $[________] per person / $[________] per accident
☐ Personal Injury Protection (PIP): $[________]
☐ Property Damage Liability: $[________]

8. Plaintiff paid all required premiums and satisfied all conditions precedent under the policy.

5. COVERAGE TYPE — UM vs. UIM

9. This claim is brought under (select applicable):

☐ Uninsured Motorist (UM) Coverage — The at-fault driver maintained no applicable bodily injury liability insurance at the time of the accident.

☐ Underinsured Motorist (UIM) Coverage — The at-fault driver maintained bodily injury liability insurance with limits less than Plaintiff's damages, making the vehicle "underinsured" under 18 Del. C. § 3902.

☐ Uninsured Motorist (UM) Coverage — Hit-and-Run — The at-fault vehicle left the scene and cannot be identified.

☐ Uninsured Motorist (UM) Coverage — Insurer Insolvency — The at-fault driver's insurer is insolvent.

6. FACTS OF THE ACCIDENT

10. On or about [__/__/____], at approximately [____] ☐ a.m. ☐ p.m., Plaintiff was operating/occupying a motor vehicle at or near [________________________________], [CITY], [____] County, Delaware.

11. At said time and place, a motor vehicle operated by [AT-FAULT DRIVER NAME, if known] (hereinafter "Tortfeasor") collided with Plaintiff's vehicle.

12. The collision occurred under the following circumstances: [________________________________]
    [________________________________]
    [________________________________]

13. The Tortfeasor was negligent in one or more of the following respects:

☐ Failing to maintain a proper lookout
☐ Failing to yield the right-of-way
☐ Operating a vehicle at an excessive or unreasonable speed
☐ Following too closely in violation of 21 Del. C. § 4123
☐ Operating a vehicle while impaired by alcohol or drugs
☐ Violating applicable traffic laws, specifically: [________________________________]
☐ Other: [________________________________]

14. As a direct and proximate result of the Tortfeasor's negligence, Plaintiff sustained serious bodily injuries, pain, suffering, and economic losses.

7. UNINSURED/UNDERINSURED STATUS OF AT-FAULT DRIVER

15. The Tortfeasor's vehicle qualifies as an uninsured/underinsured motor vehicle because (select applicable):

☐ No bodily injury liability insurance was in effect at the time of the accident
☐ The applicable insurer has denied coverage
☐ The applicable insurer is insolvent
☐ The vehicle is a hit-and-run vehicle whose owner/operator cannot be identified
☐ The bodily injury liability coverage limits ($[________]) are less than Plaintiff's damages

16. [If UIM:] The Tortfeasor carried bodily injury liability insurance through [________________________________] with limits of $[________] per person / $[________] per accident, which are insufficient to fully compensate Plaintiff.

8. EXHAUSTION OF LIABILITY COVERAGE (UIM Claims)

17. [If applicable:] The limits of all bodily injury liability insurance available to the Tortfeasor at the time of the accident have been exhausted by payment of settlement or judgment in the amount of $[________].

18. Despite such payment, Plaintiff's damages substantially exceed the Tortfeasor's liability limits, entitling Plaintiff to UIM benefits.

9. COUNT I — BREACH OF CONTRACT

19. Plaintiff re-alleges and incorporates all preceding paragraphs.

20. The insurance policy constitutes a valid and enforceable contract between Plaintiff and Defendant.

21. Plaintiff has satisfied all conditions precedent, including providing timely notice of the claim, cooperating with Defendant's investigation, and paying all premiums due.

22. Defendant has breached the contract by refusing to pay UM/UIM benefits to which Plaintiff is entitled under the policy and 18 Del. C. § 3902.

23. As a direct and proximate result of Defendant's breach, Plaintiff has been damaged in an amount to be proven at trial.

10. COUNT II — BAD FAITH (If Applicable)

24. Plaintiff re-alleges and incorporates all preceding paragraphs.

25. Defendant's refusal to pay UM/UIM benefits was unreasonable, without proper cause, and constituted bad faith in violation of Delaware law, including but not limited to:

☐ Failing to conduct a timely and reasonable investigation
☐ Unreasonably delaying the processing and payment of the claim
☐ Denying the claim without a reasonable basis in law or fact
☐ Failing to effectuate a prompt and fair settlement when liability was reasonably clear
☐ Other: [________________________________]

11. DAMAGES

26. As a direct and proximate result of the accident and Defendant's failure to pay benefits, Plaintiff has suffered the following damages:

☐ Past medical expenses: $[________]
☐ Future medical expenses: $[________]
☐ Past lost wages/income: $[________]
☐ Future lost earning capacity: $[________]
☐ Pain and suffering: $[________]
☐ Mental anguish and emotional distress: $[________]
☐ Loss of enjoyment of life: $[________]
☐ Loss of consortium (if applicable): $[________]
☐ Punitive damages (bad faith claim only): $[________]
☐ Attorney fees and costs: $[________]

12. STACKING ALLEGATIONS

27. ☐ Plaintiff asserts the right to stack UM/UIM coverages across multiple vehicles insured under the same policy and/or across multiple policies.

28. ☐ Plaintiff contends that no valid written waiver of stacking was executed pursuant to Delaware law.

29. ☐ Plaintiff acknowledges a stacking waiver was executed but contends it is invalid because: [________________________________]

13. ARBITRATION VS. LITIGATION

30. ☐ The policy does not contain a mandatory arbitration clause, and Plaintiff elects litigation.

31. ☐ The policy contains an arbitration provision, but Plaintiff contends it is unenforceable because: [________________________________]

32. ☐ Plaintiff has completed arbitration proceedings and now seeks judicial confirmation/review.

14. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully demands judgment against Defendant as follows:

a. Compensatory damages in an amount to be determined at trial, but not less than $[________];

b. UM/UIM benefits in the full amount owed under the policy;

c. Pre-judgment and post-judgment interest as permitted by law;

d. Punitive damages for bad faith conduct (if applicable);

e. Reasonable attorney fees and costs of litigation;

f. Such other and further relief as this Court deems just and equitable.

15. VERIFICATION

I, [PLAINTIFF FULL LEGAL NAME], hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. This verification is made subject to the penalties for perjury under the laws of the State of Delaware.

Date: [__/__/____]

Signature: [________________________________]

RESPECTFULLY SUBMITTED,

[________________________________]
Attorney for Plaintiff
Delaware Bar I.D. No. [________________]
[________________________________]
[________________________________]
[CITY], Delaware [__________]
Telephone: [________________________________]
Email: [________________________________]

16. DELAWARE PRACTICE NOTES

Statutory Framework:
- 18 Del. C. § 3902 governs UM/UIM coverage requirements.
- Insurers must offer UM/UIM coverage to all purchasers of Delaware auto insurance.
- Optional coverage up to $100,000/$300,000 or $300,000 single limit (not exceeding BI liability limits).

Exhaustion Requirement:
- UIM benefits are not payable until all liability coverage available to the tortfeasor has been exhausted by payment of settlements or judgments (18 Del. C. § 3902).

Stacking:
- Delaware has permitted stacking of UM/UIM coverages in certain circumstances.
- Review whether a valid stacking waiver was executed by the named insured.

Statute of Limitations:
- Personal injury: Two (2) years from the date of injury (10 Del. C. § 8119).
- Contract claims: Three (3) years (10 Del. C. § 8106).

No-Fault / PIP:
- Delaware has a PIP requirement. Coordinate PIP benefits with UM/UIM recovery.
- PIP coverage of $15,000 per person for medical expenses is mandatory (18 Del. C. § 3902).

Comparative Fault:
- Delaware follows modified comparative negligence (51% bar rule) per 10 Del. C. § 8132.

SOURCES AND REFERENCES

• 18 Del. C. § 3902 — Uninsured and Underinsured Motorist Coverage
• 21 Del. C. § 2118 — Required Insurance Coverage
• Delaware UM/UIM Statute Overview — Knepper & Stratton
• Delaware Division of Motor Vehicles — Uninsured Motorist