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 changed between versions
Loss of use damages for rental vehicles changed from 'may be recovered' (for intentional, wilful, or criminal acts) to 'shall not be recovered' from any renter, authorized driver, or their insurer. This is a complete prohibition rather than a limited one.
For peer-to-peer car sharing (Title 21, Section 8614), loss of use damages changed from 'may be recovered' to 'shall not be recovered' from shared vehicle drivers or their insurers, covering negligence, intentional, wilful, or criminal acts. The earlier amendment had excluded negligence from the list; the final bill includes it.
A new provision allows rental companies to recover loss of use damages from any negligent or otherwise at-fault party, including the rental car driver, the negligent party's insurer, or any other collateral source. This directly contradicts the blanket prohibition in the preceding subsection and appears to be a drafting error.
The 30-day cap on loss of use recovery was removed entirely, as it is no longer relevant given the prohibition on recovery from renters.
A definition of 'loss of use' was added for the peer-to-peer car sharing section: the deprivation of the use of a person's vehicle during the period reasonably required to make repairs or replace the vehicle.
Section 3 adds that the Act takes effect 90 days after enactment and applies only to contracts entered into, renewed, or extended after the effective date, meaning existing rental agreements are not affected.
Sen. Hoffner was added as co-sponsor alongside Rep. Lynn, indicating bicameral sponsorship for the final bill text.
