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: 2026-06-25
Official status: Senate Executive 6/25/26
Effective date: Not listed

Plain English Breakdown

The bill has passed both chambers but is currently awaiting executive action; therefore, it is not yet law and has no effective date until signed by the Governor.

HB382: Allowing Rental and Shared Car Companies to Charge for Lost Use

This bill changes Delaware law so rental car companies and peer-to-peer sharing programs can charge drivers or their insurers when a vehicle cannot be used due to the driver's fault.

What This Bill Does

Allows rental car companies to recover loss of use damages from negligent, intentional, willful, or criminal acts by renters or authorized drivers.
Permits recovery of these costs from the at-fault party, their insurer, or other sources providing coverage.
Enables peer-to-peer car sharing programs and vehicle owners to charge for lost use when a shared vehicle driver causes damage through fault.
Declares any rental or sharing contract that blocks this recovery as invalid under public policy.

Who It Names or Affects

Rental car companies operating in Delaware
Peer-to-peer car sharing programs and the owners of vehicles shared through them
Drivers who rent cars or use shared vehicles through these platforms
Insurance companies that cover drivers mentioned above

Terms To Know

Loss of use damages: Money charged to replace income lost while a vehicle is being repaired or replaced after an accident.
Peer-to-peer car sharing: A system where private individuals rent their personal vehicles directly to other drivers through a program.

Limits and Unknowns

The law only applies to contracts signed, renewed, or extended after the bill becomes effective.
It does not stop companies from seeking these damages from negligent third parties who are not the driver or renter.
The exact date this law takes effect is 90 days after it is officially enacted.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HA 1

1 • Lynn

Stricken 6/25/26

Plain English: This amendment changes the law so drivers only have to pay rental car fees when they intentionally break rules or commit crimes, not just for simple accidents.

Drivers are no longer responsible for paying 'loss of use' damages if their actions were simply careless or negligent.
Rental companies can still collect these fees from drivers who act on purpose, willfully cause harm, or break the law.

The amendment text does not explain how rental companies should calculate specific fee amounts for intentional acts versus negligence cases involving third parties.
It is unclear if this change applies to peer-to-peer car sharing services in the same way it applies to traditional rental cars.

HA 2

2 • Lynn

Passed 6/25/26

Plain English: This amendment limits how much money rental car companies can charge drivers for lost time when their cars are damaged, capping the charges at 30 days.

Rental companies can only recover costs for up to 30 days of vehicle loss and related fees from renters or insurance providers.
The same 30-day limit applies to peer-to-peer car sharing services when a shared vehicle is unavailable due to damage.
Any rental contract that tries to charge more than this 30-day maximum will be considered invalid.

The amendment text contains formatting errors with duplicate section labels (two 'b' sections) and unclear numbering for the final clause, making it hard to know exactly which rules apply to rental cars versus shared vehicles.
While a summary note mentions disallowing recovery for negligent acts, the actual legal text provided in this specific amendment does not clearly state that rule.

Bill History

2026-06-25 Delaware General Assembly
Amendment HA 2 to HB 382 - Introduced and Placed With Bill
2026-06-25 Delaware General Assembly
Amendment HA 1 to HB 382 - Stricken in House
2026-06-25 Delaware General Assembly
Amendment HA 2 to HB 382 - Passed In House by Voice Vote
2026-06-25 Delaware General Assembly
Passed By House. Votes: 29 YES 6 NO 3 NOT VOTING 3 ABSENT
2026-06-25 Delaware General Assembly
Assigned to Executive Committee in Senate
2026-06-16 Delaware General Assembly
Reported Out of Committee (Economic Development/Banking/Insurance & Commerce) in House with 8 On Its Merits
2026-06-10 Delaware General Assembly
Amendment HA 1 to HB 382 - Introduced and Placed With Bill
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.