HB382 • 2025

AN ACT TO AMEND TITLES 6 AND 21 OF THE DELAWARE CODE RELATING TO RENTAL CARS AND PEER- TO-PEER CAR SHARING LOSS OF USE.

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: 2026-04-23
Official status: House Economic Development/Banking/Insurance & Commerce 4/23/26
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

AN ACT TO AMEND TITLES 6 AND 21 OF THE DELAWARE CODE RELATING TO RENTAL CARS AND PEER- TO-PEER CAR SHARING LOSS OF USE.

What This Bill Does

AN ACT TO AMEND TITLES 6 AND 21 OF THE DELAWARE CODE RELATING TO RENTAL CARS AND PEER- TO-PEER CAR SHARING LOSS OF USE.
This Act allows rental car companies and peer-to-peer car sharing programs to recover loss of use damages from any rental car drivers, shared vehicle drivers, or the negligent party’s insurer caused by any renter or an authorized driver’s negligent, intentional, willful, or criminal acts resulting in a loss of the vehicle’s use.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

2026-04-23 Delaware General Assembly
Introduced and Assigned to Economic Development/Banking/Insurance & Commerce Committee in House

Official Summary Text

AN ACT TO AMEND TITLES 6 AND 21 OF THE DELAWARE CODE RELATING TO RENTAL CARS AND PEER- TO-PEER CAR SHARING LOSS OF USE.
This Act allows rental car companies and peer-to-peer car sharing programs to recover loss of use damages from any rental car drivers, shared vehicle drivers, or the negligent party’s insurer caused by any renter or an authorized driver’s negligent, intentional, willful, or criminal acts resulting in a loss of the vehicle’s use.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Rep. Lynn & Sen. Hoffner

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 382

AN ACT TO AMEND TITLES 6 AND 21 OF THE DELAWARE CODE RELATING TO RENTAL CARS AND PEER- TO-PEER CAR SHARING LOSS OF USE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 4902B, Title 6 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4902B. Loss of use damages

prohibited

[For applicability of this section, see 84 Del. Laws, c. 363, § 3].

(a) Damages incurred by rental companies for the loss of use of a rental vehicle and related administrative fees shall not be recovered from any renter, authorized driver, or the renter’s or authorized driver’s insurer. Nothing in this section shall be construed as prohibiting recovery of loss of use damages from negligent third parties.

(a) A rental company may recover damages from any negligent or otherwise at fault party, including the rental car driver; the negligent party’s insurer, or any other collateral source providing protection or coverage to the negligent or otherwise at fault party.

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

Section 2. Amend § 8614, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 8614. Loss of use damages

prohibited

[For application of this section, see 84 Del. Laws, c. 363, § 3].

(a) For the purposes of this section, “loss of use” means the deprivation of the use of a person’s vehicle during the period reasonably required to make repairs or replace the vehicle.

(b) Damages incurred by shared vehicle owners or peer-to-peer car sharing programs for the loss of use of a

rental

shared

vehicle and related administrative fees

shall

not

may

be recovered from any

renter, authorized driver,

shared vehicle driver

or

the renter’s or authorized driver's

the shared vehicle driver’s

insurer

in instances where such damages are the result of negligence, intentional, wilful, or criminal acts on the part of the shared vehicle driver

. Nothing in this section shall be construed as prohibiting recovery of loss of use damages from negligent third parties.

(c) Any car sharing program agreement or other contract inconsistent with the provisions of this section shall be deemed void as against public policy.

Section 3. This Act takes effect 90 days after its enactment into law, and applies to all contracts entered into, renewed, or extended after the effective date.

SYNOPSIS

This Act allows rental car companies and peer-to-peer car sharing programs to recover loss of use damages from any rental car drivers, shared vehicle drivers, or the negligent party’s insurer caused by any renter or an authorized driver’s negligent, intentional, willful, or criminal acts resulting in a loss of the vehicle’s use.