§ 6101 — Negligence of owners and drivers of rented vehicles; insurance of liability

Delaware § 6101

• Jurisdiction: Delaware
• Title: 21
• Part: Miscellaneous
• Ch. 61: Civil Liability for Driver’s Negligence

Text

(a) The owner of a motor vehicle who is engaged in the business of renting motor vehicles without drivers, who rents a vehicle without a driver to another, other than as a part of a bona fide transaction involving the sale of the motor vehicle, and permits the renter to operate the vehicle upon the highways and who does not carry or cause to be carried public liability insurance in an insurance company or companies approved by the Insurance Commissioner of this State insuring the renter against liability arising out of the renter’s negligence in the operation of the rented vehicle in limits of not less than the minimum financial responsibility limits required under § 2902 of this title, shall be jointly and severally liable with the renter for any damages caused by the negligence of the renter in operating the vehicle and for any damages caused by the negligence of renting the vehicle from the owner.

(b) Subsection (a) of this section shall not confer any right of action upon any passenger in any rented vehicle specified therein as against the owner, but nothing contained in this section shall prevent the introduction as a defense of comparative or contributory negligence, to the extent to which such defense is allowed in other cases.

(c) The policy of insurance referred to in subsection (a) of this section shall inure to the benefit of any person operating the rented vehicle by or with the permission of the person so renting it in the same manner and under the same conditions and to the same extent as to the renter. The insurance policy or policies above referred to need not cover any liability incurred by the renter of any vehicle to any passenger in such vehicle, provided the owner, upon renting any such vehicle to another without a driver, gives to the renter a written notice of the fact that such policy or policies do not cover the liability which the renter may incur on account of the renter’s negligence in the operation of such vehicle to any passenger in such vehicle.

(d) When any suit or action is brought against the owner under this section, the judge or court before whom the case is pending shall cause a preliminary hearing to be had in the absence of the jury for the purpose of determining whether the owner has provided, or caused to be provided, insurance covering the renter in the limits above mentioned. Whenever it appears that the owner has provided or caused to be provided insurance covering the renter in the sums above mentioned, the judge or court shall dismiss, as to the owner, the action brought under this section.

Legislative History

36 Del. Laws, c. 10, § 21 ; Code 1935, § 5559; 21 Del. C. 1953, § 6102; 61 Del. Laws, c. 292, § 7 ; 70 Del. Laws, c. 186, § 1 ; 84 Del. Laws, c. 447, § 1