SPONSOR:

Sen. Vaughn & Rep. Oberle;

Sens. Henry & Peterson; Reps. Van Sant & Viola

DELAWARE STATE SENATE

142nd GENERAL ASSEMBLY

SENATE BILL NO. 166

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO PERSONAL INJURY PROTECTION DEDUCTIBLES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §2118(a)(2)f, of Title 21, Delaware Code by adding the following sentence at the end of the paragraph:

"In no case shall a deductible under this paragraph exceed $1,000 and any deductible applied to the owner of the vehicle shall be recoverable against a torteasor. Furthermore, this deductible shall be fully explained in writing to the insured and signed by the insured acknowledging such."

Section 2. This Act’s restriction regarding deductibles shall apply to all policies written or renewed after the effective date of this Act. Notwithstanding any other law or provision to the contrary, an insured person may plead and introduce into evidence the amount of expenses up to the amount of the deductible for any case tried after the effective date of this Act.

SYNOPSIS

Current Delaware Law permits insurance companies to significantly alter the auto insurance contract through the use of deductibles to PIP coverage. As a result, many consumers are left without adequate insurance to pay their medical bills and their lost wages. This Bill limits the maximum amount of the deductible to $1000 and will require the carrier to explain the effects of the deductible on auto coverages. If a consumer is injured through an accident not his or her fault, under this Bill, the deductible amount can be recovered against the at-fault party.

Author: Senator Vaughn

SPONSOR:	Sen. Vaughn & Rep. Oberle;
Sens. Henry & Peterson; Reps. Van Sant & Viola