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HA1TOHB382 • 2025

This Amendment removes a driver’s liability for loss of use damages for negligent acts caused by a third party, but retains liability for loss of use damages for acts that are intentional, wilful, or criminal.

This Amendment removes a driver’s liability for loss of use damages for negligent acts caused by a third party, but retains liability for loss of use damages for acts that are intentional, wilful, or criminal.

Housing
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Lynn
Last action
2026-06-25
Official status
Stricken 6/25/26
Effective date
Not listed

Plain English Breakdown

The phrase 'Nothing in this section shall be construed as prohibiting recovery... from negligent third parties' implies existing rules for negligence remain, but does not explicitly state that liability is removed or changed by this specific amendment text alone.

Amendment on Rental Car Loss of Use Damages

This amendment allows rental companies to recover loss of use and administrative fees only when a driver's actions are intentional, wilful, or criminal.

What This Bill Does

  • Allows recovery of loss of use damages and related administrative fees from renters, authorized drivers, their insurers, or other coverage sources if the damage results from intentional, wilful, or criminal acts.

Who It Names or Affects

  • Renters
  • Authorized drivers
  • Insurers and collateral sources providing protection to at-fault parties

Terms To Know

Loss of use damages
Money paid for the time a rental vehicle cannot be rented out because it is damaged.
Intentional, wilful, or criminal acts
Actions taken on purpose to cause damage or break the law.

Limits and Unknowns

  • This amendment was stricken in the House on June 25, 2026.
  • The text does not specify an effective date because the bill did not pass as written.

Bill History

  1. 2026-06-25 Delaware General Assembly

    Stricken in House

  2. 2026-06-10 Delaware General Assembly

    Introduced and Placed With Bill

Official Summary Text

This Amendment removes a driver’s liability for loss of use damages for negligent acts caused by a third party, but retains liability for loss of use damages for acts that are intentional, wilful, or criminal.

Current Bill Text

Read the full stored bill text 
Legislation Document

SPONSOR:

Rep. Lynn & Sen. Hoffner

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 1

TO

HOUSE BILL NO. 382

AMEND House Bill No. 382 by deleting lines 7 through 9 in their entirety and inserting in lieu thereof the following:

“

(a) Damages incurred by rental companies for the loss of use of a rental vehicle and related administrative fees may be recovered from any renter, authorized driver, or the renter’s or authorized driver’s insurer, or any other collateral source providing protection or coverage to the at fault party in instances where such damages are the result of intentional, wilful, or criminal acts of that party. Nothing in this section shall be construed as prohibiting recovery of loss of use damages from negligent third parties.

”.

FURTHER AMEND House Bill No. 382 on line 20 by deleting the word “

negligence,

”.

SYNOPSIS

This Amendment removes a driver’s liability for loss of use damages for negligent acts caused by a third party, but retains liability for loss of use damages for acts that are intentional, wilful, or criminal.