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HA2TOHB382 • 2025

This amendment incorporates the changes from House Amendment No.

This amendment incorporates the changes from House Amendment No.

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
Passed 6/25/26
Effective date
Not listed

Plain English Breakdown

The effective date is not listed in the provided official metadata or text excerpts.

Limits on Rental Car Loss of Use Fees

This law stops rental companies from charging extra 'loss of use' fees for accidents caused by simple mistakes, but allows them to charge up to 30 days if the damage was done on purpose or through criminal acts.

What This Bill Does

  • Stops rental companies from getting paid for lost use when damage is caused by negligent (careless) acts.
  • Allows recovery of fees only when the driver intentionally, willfully, or criminally damages the vehicle.
  • Sets a maximum limit of 30 days for charging loss of use and administrative fees in allowed cases.
  • Applies the same 30-day fee limit to shared vehicles like ride-sharing cars.
  • Makes any rental contract rules that go against these limits invalid.

Who It Names or Affects

  • Rental car companies
  • Shared vehicle operators
  • Renters and authorized drivers of vehicles
  • Insurance providers for renters or drivers

Terms To Know

Loss of use recovery
Money a rental company charges to replace the income they lose while their car is being repaired.
Negligent acts
Accidents or damage caused by carelessness rather than on purpose, for which loss of use fees cannot be charged under this law.
Intentional, wilful, or criminal acts
Damage done on purpose with bad intent or through illegal behavior, where loss of use fees may still be charged up to 30 days.

Limits and Unknowns

  • The official text does not state when this law officially takes effect.
  • This bill only covers 'loss of use' and administrative costs; it does not change rules about paying for the physical repair of the car itself.
  • While negligent acts are excluded, the law explicitly allows recovery from negligent third parties who were at fault.

Bill History

  1. 2026-06-25 Delaware General Assembly

    Introduced and Placed With Bill

  2. 2026-06-25 Delaware General Assembly

    Passed In House by Voice Vote

Official Summary Text

This amendment incorporates the changes from House Amendment No. 1 which disallowed loss of use recovery for negligent acts. It also adds an additional limitation by limiting recovery for loss of use and related administrative fees to a maximum of 30 days.

Current Bill Text

Read the full stored bill text
Legislation Document

SPONSOR:

Rep. Lynn

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 2

TO

HOUSE BILL NO. 382

AMEND House Bill No. 382 by deleting lines 7 through 11 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.

(b) Recovery for loss of use of a rental vehicle and related administrative fees under this section may not exceed 30 days.

(b)

(c)

Any rental agreement or other contract inconsistent with the provisions of this section shall be deemed void as against public policy.”.

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

negligence,

” as it appears therein.

FURTHER AMEND House Bill No. 382 by inserting the following after line 21 and before line 22:

“

(c) Recovery for loss of use of a shared vehicle and related administrative fees under this section may not exceed 30 days.

”.

FURTHER AMEND House Bill No. 382 on line 22 by deleting “(c)” and inserting in lieu thereof “

(c)

(d)

”.

SYNOPSIS

This amendment incorporates the changes from House Amendment No. 1 which disallowed loss of use recovery for negligent acts. It also adds an additional limitation by limiting recovery for loss of use and related administrative fees to a maximum of 30 days.