Uninsured/Underinsured Motorist Complaint - Delaware

Before filing: Under Del. Super. Ct. Civ. R. 3(a), file this complaint with a praecipe for issuance of process and the current Superior Court Civil Case Information Statement (CIS) on the court's form.

UNINSURED/UNDERINSURED MOTORIST COMPLAINT

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR [__________] COUNTY

C.A. No.: [________________]

JURY TRIAL DEMANDED (check only if supported by the policy and law): ☐ Yes ☐ No

Plaintiff, by counsel, alleges against Defendant as follows:

Parties, jurisdiction, and venue

1. Plaintiff is [NAME], residing at [ADDRESS]. Plaintiff was ☐ the named insured ☐ another insured person under the policy identified below at the time of the collision.

2. Defendant is [INSURER NAME], organized under the laws of [STATE], with its principal office at [ADDRESS] and its Delaware registered agent or other authorized service recipient at [ADDRESS].

3. This Court has subject-matter jurisdiction under [IDENTIFY CLAIM-SPECIFIC CONSTITUTIONAL OR STATUTORY BASIS] because [FACTS]. This Court has personal jurisdiction because [FACTS AND AUTHORITY].

4. Venue in [COUNTY] County is proper under [VENUE AUTHORITY] because [VENUE FACTS].

Policy and collision

5. Defendant issued policy number [NUMBER], effective [__/__/____] through [__/__/____], covering [VEHICLE / PERSON]. Attached as Exhibit A are the declarations and relevant UM/UIM terms. The applicable coverage and limit are ☐ uninsured motorist, $[____] ☐ additional underinsured motorist, $[____].

6. On [__/__/____] at [LOCATION], a vehicle operated by [DRIVER / UNKNOWN] [DESCRIBE MOVEMENT AND COLLISION]. Plaintiff was [DRIVER / PASSENGER / PEDESTRIAN].

7. The operator [DESCRIBE ACTS OR OMISSIONS, ROAD CONDITIONS, TRAFFIC CONTROL, AND EVIDENCE]. Those acts or omissions caused the collision and Plaintiff’s injuries described below. The basis on which Plaintiff is legally entitled to recover from that operator is [FACTS AND APPLICABLE LIABILITY BASIS].

8. Plaintiff sustained [DESCRIBE INJURIES] and incurred [MEDICAL COSTS, LOST EARNINGS, OTHER DAMAGES]. The medical and loss records presently available are [IDENTIFY]. Plaintiff seeks only loss recoverable under the applicable policy and law, subject to proven limits, offsets, and defenses.

UM or UIM basis (complete the applicable branch)

9. UM claim: The vehicle qualifies under 18 Del. C. § 3902(a)(3) because:

☐ No applicable auto liability bond, insurance, or other security met the required minimum at the time of the accident. The investigation supporting this allegation is [FACTS / EXHIBIT].

☐ The vehicle’s insurer denied coverage or became insolvent. Supporting document: [EXHIBIT].

☐ This was a hit-and-run vehicle. ☐ Physical contact caused the injury or damage; describe [FACTS]. ☐ For a noncontact vehicle, both driver and owner are unknown; describe [FACTS]. The accident was reported to [POLICE / AUTHORITY] on [DATE], report number [____]. Defendant received notice of the legal action on [DATE], within 30 days or as soon as practicable thereafter under § 3902(a)(3)c.; explain any later notice: [FACTS].

10. UIM claim: Plaintiff purchased additional coverage under § 3902(b), shown in Exhibit A. All applicable bodily injury liability limits at the time of the collision totaled $[____]. Plaintiff’s recoverable damages exceed those limits, so the vehicle meets § 3902(b)(2). Identify each policy, limit, and payment in Exhibit B.

11. For the UIM branch, all bodily injury liability limits available to Plaintiff at the time of the accident have been exhausted by payment of settlement or judgment, as § 3902(b)(3) requires before Defendant is obligated to pay. Payments and dates: [IDENTIFY EACH]. [IDENTIFY PAYMENT DOCUMENTS AS EXHIBIT B.]

12. If Plaintiff accepted or proposes to accept a liability insurer’s written offer that, with other settlements from the occurrence, exhausts all applicable liability limits, state whether notice under 18 Del. C. § 3902A(a) was used: ☐ yes, by ☐ certified mail ☐ email on [DATE], with the written offer, proposed release, and declaration page ☐ no / inapplicable. Attach the notice and response, if material, as Exhibit C. [IF THE § 3902A NOTICE ROUTE WAS USED: Plaintiff complied with the applicable consent and release provisions as follows: FACTS AND DOCUMENTS.]

13. If more than one covered vehicle or policy is involved, identify each policy and declarations page: [DETAILS]. Plaintiff claims $[____] under [POLICY / COVERAGE] and alleges the basis for any additional limit is [FACTS AND POLICY TERM]. The § 3902(c) limitation for same-household vehicles insured by the same or affiliated insurers ☐ applies ☐ does not apply, because [FACTS].

Count I — breach of insurance contract

14. Plaintiff incorporates paragraphs 1 through 13 to the extent applicable to the selected coverage branch.

15. The policy was in force on the collision date, Plaintiff was an insured under its terms, and the UM/UIM coverage described in paragraph 5 applied. Plaintiff performed or satisfied the policy conditions material to this claim, including [CLAIM NOTICE, PROOF, COOPERATION, OTHER CONDITIONS WITH DATES]. Any disputed condition is [IDENTIFY AND PLEAD FACTS].

16. Plaintiff submitted a demand for covered benefits on [DATE] with [SUPPORTING MATERIALS]. Defendant [DENIED / PAID ONLY $____ / FAILED TO PAY] on [DATE]. The policy provision breached is [QUOTE OR IDENTIFY], and the amount presently owed is $[____], subject to proof.

17. Defendant’s failure to pay the covered amount has caused Plaintiff loss in the amount of [FACTS AND CALCULATION], subject to policy limits and any required credit for payments already received.

Prayer for relief

Plaintiff requests judgment for:

1. UM or UIM contract benefits established under the selected coverage and the policy, up to the applicable limit, in an amount proven at trial;
2. Any interest and taxable costs that the Court determines are authorized by applicable law; and
3. Other relief supported by the pleaded facts and within the Court’s jurisdiction.

Dated: [__/__/____]

Attorney for Plaintiff: ______________________________
Printed name / Delaware Bar ID: [________________________________]
Firm and service address: [________________________________]
Phone / email: [________________________________]

Exhibits

• Exhibit A: Policy declarations, UM/UIM provisions, and any rejection or election forms material to coverage.
• Exhibit B: Liability policies, limits, settlements or judgments, and payment evidence for a UIM claim.
• Exhibit C (if used): § 3902A notice package and insurer response.
• Exhibit D: Claim submission, denial or payment correspondence, and loss summary.

Sources and references

• 18 Del. C. §§ 3902 and 3902A
• 10 Del. C. § 541