Trucking Laws · Delaware · October 31, 2026

Delaware's New Law Gives People Who Settle Injury Claims Without a Lawyer 15 Days to Back Out, and OOIDA Worries About Truckers' Insurance Costs

By Big Rig Daily Staff

A new Delaware law lets some injured people change their minds about a settlement, and the largest owner-operator group in the country is worried about what it could do to truckers' insurance costs. Land Line reported Oct. 30 that Gov. Matt Meyer signed SB189, which covers injury settlements reached by people who do not have a lawyer.

How the law works

SB189 applies when a settlement is signed within 30 days of a vehicle crash. Land Line said the law covers crashes involving commercial trucks, motorcycles and other vehicles. If an injured person handling a claim without a lawyer signs a settlement release within that 30 days, they generally have 15 days to cancel the deal.

The law also covers cases where a settlement check is cashed, or money is sent electronically, within 30 days of the crash. If no release is signed, the 15 day window starts when the money is received.

The rules for backing out

To cancel, the injured person must act within 15 days. They must send written notice that they are canceling and return all the money received. Land Line reported that the notice and repayment must be sent in ways that provide proof, such as certified mail, a certificate of mailing or electronic payment records. Missing the deadline or not following the rules could mean the deal stands.

What insurers must do

When an insurer makes a settlement offer during the first 30 days after a crash, it must provide a clear, separate written notice explaining the right to cancel. The right must also be stated or provided with the release of liability. Failing to give the notice counts as an unfair insurance practice under Delaware law. Delaware set a six month transition period for insurers to update their paperwork and claims procedures.

Supporters and critics

Supporters say the law targets unfair practices and gives people a better chance to understand their options before settling an injury claim without a lawyer. The goal, according to Land Line, is to stop people from feeling pressured into a quick settlement they may later regret.

The Owner-Operator Independent Drivers Association (OOIDA) warns that the changes could push insurance rates higher for truckers and other motorists. Critics also warn the new rules could disrupt a process that often works quickly, because small injury claims are frequently settled without a lawsuit. Land Line did not report a cost estimate, and no one has shown how much rates might change. That is a concern raised by critics, not a measured result.

Quick facts

• Law: SB189, signed by Delaware Gov. Matt Meyer.
• Applies to: injury settlements signed without a lawyer within 30 days of a vehicle crash, including crashes involving commercial trucks.
• Cancel window: generally 15 days, by written notice with all money returned.
• Insurers: must give a clear, separate written notice of the right to cancel.
• Effective date: March 24, 2027.

Truckers already watching insurance costs may also want to read about the small carriers closing in 2026 as diesel and insurance climb.

A question for readers

Should someone get a second chance to back out of a settlement they already signed?

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