Bill > HB382

This bill amends Delaware law to allow rental car companies and peer-to-peer car sharing programs to recover damages for "loss of use," which refers to the inability to use a vehicle while it's being repaired or replaced. Previously, rental companies were generally prohibited from recovering these damages from renters or their insurers, though they could pursue negligent third parties. This bill now permits rental companies to recover loss of use damages from any at-fault party, including the rental car driver, their insurer, or other responsible parties. For peer-to-peer car sharing, which involves individuals renting out their personal vehicles through a program, the bill allows these programs to recover loss of use damages from the "shared vehicle driver" (the person renting the car) or their insurer, but only if the damages are due to the driver's negligence, intentional actions, wilful misconduct, or criminal acts. The bill also clarifies that these changes apply to contracts entered into, renewed, or extended after the law takes effect 90 days after enactment.