The Delaware Appraisal Clause Playbook
Delaware courts consistently enforce the auto-policy appraisal clause as written: a written demand triggers a two-appraiser process, and if those two disagree, a neutral umpire decides ACV. Delaware auto policies include a binding appraisal clause. See Del. Code Ann. tit. 18 §2304(16) (Unfair Practices)..
Where to send the demand
Delaware carriers will accept demands sent to the address on the declarations page; a separate copy to a corporate "appraisal demand" inbox is optional but useful. The Delaware DOI (1-302-674-7300) does not adjudicate the appraisal itself, but it logs the file and the carrier knows it.
Umpire selection in Delaware
Umpire selection in Delaware is typically a phone call between the two appraisers from a short list of mutually-trusted names. Court appointment is rare and is reserved for cases where one side refuses to cooperate.
Timeline expectations
Typical 35-day rhythm — demand letter, appraiser exchange, position memos, and either a stipulated number or an umpire award. State law does not set hard deadlines, so dates compress when both sides cooperate and stretch when one side stalls.
Who pays what
Each party absorbs its own appraiser's bill; the umpire bill (when one is named) splits down the middle. The carrier cannot bill you for its appraiser. Auto ACV operates on a contingent structure tied to the lift over the original offer.
Two tactics that move Delaware carriers fastest
- Name your appraiser in the same letter that invokes the clause. This compresses 5–10 days of back-and-forth into one mailing.
- If the carrier delays naming its appraiser past 14 days, send a follow-up letter referencing the state's unfair claims settlement statute. That single letter often produces a name within 48 hours.
Three pitfalls that void or weaken the clause in Delaware
- Forgetting that the appraisal award is binding on ACV only — it does not resolve coverage disputes, salvage retention, or who is at fault.
- Accepting the carrier's first written offer in any form (signed release, electronic acceptance, deposited check). Once accepted, the appraisal clause is waived.
- Letting the carrier choose the umpire unilaterally. Umpire selection is mutual; if the carrier names one without your agreement, refuse and propose three alternatives.
Delaware appraisal-clause demand letter (copy-ready)
Replace bracketed fields with your claim details. Send certified mail with return receipt to the claims address on your declarations page. Cites Del. Code Ann. tit. 18 §2304(16) (Unfair Practices)..
[Date]
[Carrier name]
[Claims address from your declarations page]
Re: Claim No. [your claim number]
Policy No. [your policy number]
Insured: [your name]
Loss date: [date]
Loss location: Wilmington, DE
To Whom It May Concern:
Pursuant to the appraisal provision of the auto policy referenced
above, and consistent with Del. Code Ann. tit. 18 §2304(16) (Unfair Practices)., I am hereby invoking the
appraisal clause to determine the actual cash value of my totaled
vehicle.
I have appointed [appraiser name, license, contact] as my appraiser.
Please identify your appraiser within ten (10) business days of receipt
of this letter so that the appraisal may proceed. If the two appraisers
cannot agree, they shall jointly select a competent and disinterested
umpire as the policy provides.
This letter is sent by certified mail with return receipt requested.
All further communications regarding ACV should be in writing.
Sincerely,
[Your name]
[Address, phone, email]This template is a starting point, not legal advice. We'll send a tailored demand on your behalf as part of every Auto ACV engagement in Delaware.