The part that surprises most parents is this: the insurer is usually building a fault case against your child on day one, often before you even have the full medical picture.

The three biggest factors are the scene evidence, the injury timeline, and anything the insurer can twist into an admission.

1. Scene evidence is usually the difference-maker. Get the police report from Smyrna Police or Delaware State Police, depending on where it happened. If the crash was on US-13 Dupont Highway or near a state road, DSP may handle it.

What matters most:

• Crosswalk markings, signals, and lane layout
• Skid marks, debris, vehicle damage, and point of impact
• Photos/video from nearby stores, homes, dashcams, or traffic cameras
• Witness names and phone numbers
• The exact location, especially if tourist traffic or summer glare affected visibility

On Kent County roads, insurers often argue the child "darted out." Good scene photos and witness statements can shut that down.

2. Medical records must connect the crash to the injuries immediately and clearly. Take your child to the ER, urgent care, or pediatrician right away and make sure every symptom is documented: headache, limp, vomiting, confusion, pain, nightmares, fear of traffic.

Ask for copies of:

• EMS records
• ER records
• Imaging results
• Follow-up pediatric notes
• Physical therapy records
• School absence and activity restriction notes

Gaps in treatment are a common denial tactic. If the insurer sees a delay, it will argue the injury was minor or unrelated.

3. Protect against statement traps and blame-shifting. Do not let a "friendly" adjuster get a recorded statement from your child. In Delaware, fault matters because under 10 Del. C. § 8132, recovery can be reduced by comparative negligence, and barred only if fault is more than 50%. Insurers know that, so they look for words like "ran," "didn't see," or "came out of nowhere."

Save every text, voicemail, email, denial letter, and offer. If the carrier delays, changes its story, or ignores clear evidence, that paper trail can matter as much as the crash report.