Delaware Injuries

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How long to file after my brother got hit near a Dover bus stop?

A civil complaint in Delaware Superior Court usually must be filed within 2 years of the date of the injury. If a car hit your brother near a Dover bus stop, that 2-year statute of limitations is the deadline that keeps the case alive.

Most people assume "I've got two years, so I can wait." That is where Delaware claims get wrecked.

In real life, the deadline that matters first is right now: open the insurance claim immediately, get the Dover Police or Delaware State Police crash report, and preserve evidence before it disappears. On stretches like US-13 Dupont Highway in Kent County, nearby business video, school-zone footage, and bus-stop camera footage can be gone in days, not years.

If your brother was driving for Uber, DoorDash, or Amazon Flex, do not assume workers' comp covers him. Usually it does not. That means he may need to make claims through:

  • the at-fault driver's liability insurance
  • his own PIP coverage under Delaware auto insurance rules
  • possibly the app company's policy, depending on whether he was logged in and on a trip

That practical difference is huge. Waiting even a week can mean no clear video, no witness names, and a fight over whether he was a pedestrian, between deliveries, or working the app.

Also, filing a police report is not the same as filing a lawsuit. Reporting to insurance is not the same either. If the case is not settled, the actual Superior Court complaint still has to be filed before the 2-year mark.

Do these first: get the report number, photos, names of any witnesses, screenshots showing whether he was active on the app, and every ER, eye doctor, or specialist record tied to the injury.

by Patricia Hazzard on 2026-03-22

We provide information, not legal advice. Laws change and every accident is different. An experienced attorney can evaluate your specific case at no cost.

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