TITLE 21

Motor Vehicles

Miscellaneous

CHAPTER 61. CIVIL LIABILITY FOR DRIVER'S NEGLIGENCE


(a) The owner of a motor vehicle who is engaged in the business of renting motor vehicles without drivers, who rents any such vehicle without a driver to another, otherwise than as a part of a bona fide transaction involving the sale of such 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 such rented vehicle in limits of not less than $10,000 for anyone killed or injured and $20,000 for any number more than 1 injured or killed in any 1 accident, and against liability of the renter for property damage in the limit of not less than $5,000 for 1 accident, shall be jointly and severally liable with the renter for any damages caused by the negligence of the latter 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.

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.;

No owner of any motor vehicle who is engaged in the business of renting motor vehicles without drivers shall rent a motor vehicle without a driver, otherwise than as a part of a bona fide transaction involving the sale of such motor vehicle, unless the owner has previously notified the Department of the intention to so rent such vehicle and has complied with the requirements as to the showing of financial responsibility as provided in § 2105 [repealed] of this title.

36 Del. Laws, c. 10, § 21; Code 1935, § 5559; 21 Del. C. 1953, § 6103; 70 Del. Laws, c. 186, § 1.;

(a) Every person engaged in the business of renting motor vehicles without drivers, who rents any such vehicle without a driver, otherwise than as part of a bona fide transaction involving the sale of such motor vehicle, shall maintain a record of the identity of the person to whom the vehicle is rented and the exact time the vehicle is the subject of such rental or in possession of the person.

(b) Whoever, being an owner, fails to make or have in possession or refuses an inspection of the record required in this section, shall be fined in such amount or imprisoned for such term, or both, as the court, in its discretion, may determine.

(c) If the Secretary prescribes a form for the keeping of the record provided for in this section, the owner shall use such form.

36 Del. Laws, c. 10, § 22; Code 1935, § 5560; 21 Del. C. 1953, § 6104; 57 Del. Laws, c. 670, § 17A; 70 Del. Laws, c. 186, § 1.;

(a) Any negligence of a minor under age 18 driving a motor vehicle upon a highway of this State, who has been licensed under § 2710 of this title, shall be imputed to any person who signed the license application on behalf of the minor, and that person shall be jointly and severally liable with the minor for any damages resulting from the minor's negligence except that case workers of the Division of Family Services, acting in accordance with § 2710 of this title, and on behalf of a child in the custody of the Department of Services for Children, Youth and their Families, shall be exempted from such liability.

(b) The liability imposed upon the person who signed the application of a minor under the age of 18 years, as provided in subsection (a) of this section, shall apply to the original license or permit granted to the minor or any renewal thereof, without the necessity of such person signing the minor's renewal application, unless such person notifies the Department of Transportation in writing at least 30 days prior to the date of any such renewal of the original license or permit granted to the minor that the person does not consent to such renewal.

36 Del. Laws, c. 10, § 71; Code 1935, § 5609; 44 Del. Laws, c. 189; 21 Del. C. 1953, § 6105; 57 Del. Laws, c. 495, § 3; 57 Del. Laws, c. 670, § 17B; 71 Del. Laws, c. 282, §§ 8, 9; 74 Del. Laws, c. 110, § 109; 76 Del. Laws, c. 415, § 6.;

Every owner of a motor vehicle who causes or knowingly permits a minor under the age of 18 years to drive such vehicle upon a highway and any person who gives or furnishes a motor vehicle to such minor shall be jointly and severally liable with such minor for any damages caused by the negligence of such minor in driving such vehicle, and the negligence of such minor shall be imputed to such owner or such person for all purposes of civil damages.

36 Del. Laws, c. 10, § 72; Code 1935, § 5610; 21 Del. C. 1953, § 6106; 49 Del. Laws, c. 407; 70 Del. Laws, c. 186, § 1.;