Civil Liability for Driver’s Negligence

Del. Code tit. 21, ch. 61

in effect

Del. Code tit. 21, § 6101 Negligence of owners and drivers of rented vehicles; insurance of liability.

(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.

Del. Code tit. 21, § 6102 Notification by owner of intention to rent vehicle.

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.

Del. Code tit. 21, § 6103 Records required of owners of rented vehicles; inspection; forms.

(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.

Del. Code tit. 21, § 6104 Liability of parent, guardian, or employer for negligence of minor.

(a) (1) Except as otherwise provided under paragraph (a)(2) of this section and § 6106 of this title, any negligence of a minor under age 18 driving a motor vehicle on a highway of this State, who has been licensed under § 2710 of this title, is imputed to a person who signed the license application on behalf of the minor, and that person is jointly and severally liable with the minor for any damages resulting from the minor’s negligence. (2) The following are exempted from liability for negligence of a minor under paragraph (a)(1) of this section: a. A caregiver of a minor who is in the custody of the Department of Services for Children, Youth and Their Families under Chapter 25 of Title 13. For purposes of this paragraph (a)(2)a., “caregiver” means as defined in § 2502 of Title 13. b. A case worker of the Division of Family Services, acting in accordance with § 2710 of this title, and on behalf of a child who was in the custody of the Department of Services for Children, Youth and their Families at the time of the signing of the license application. (b) The liability imposed on the person who signed the application of a minor under the age of 18 under subsection (a) of this section applies to the original license or permit granted to the minor or any renewal of the license without the necessity of the person signing the minor’s renewal application, unless the person notifies the Department of Transportation in writing at least 30 days before the date of the renewal of the original license or permit granted to the minor that the person does not consent to the renewal.

Del. Code tit. 21, § 6105 Liability of owner for negligence of minor.

Except as provided under § 6106 of this title, 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.

Del. Code tit. 21, § 6106 Liability of foster parent for negligence of a child or individual.

(a) For purposes of this section, “foster parent” means as defined in § 2302 of Title 13. (b) When a child or an individual identified in § 9011A(g)(1) of Title 29 procures a valid policy of insurance through participation in the program established under § 9011A of Title 29, a foster parent of that child or individual, who causes or knowingly permits the child or individual to drive a vehicle on a highway, or who gives or furnishes a motor vehicle to the child or individual, is not jointly and severally liable with the child or individual for damages caused by the negligence of the child or individual in driving the vehicle, and the negligence of the child or individual may not be imputed to the foster parent for purposes of civil damages. (c) When a child or an individual identified in § 9011A(g)(1) of Title 29 does not procure a separate valid policy of insurance and is instead insured by the private passenger insurance policy of the foster parent, a foster parent of that child or individual who causes or knowingly permits the child or individual to drive a vehicle on a highway, or gives or furnishes a motor vehicle to the child or individual, may be liable for damages caused by the negligence of the child or individual in driving the vehicle only up to the policy limits of the foster parent’s applicable insurance coverage. (d) When a child or individual identified in § 9011A(g)(1) of Title 29 is within the first 6 months after issuance of a Level 1 Learner’s Permit under § 2710 of this title, a foster parent of that child or individual who causes or knowingly permits the child or individual to drive a vehicle on a highway or who gives or furnishes a motor vehicle to the child or individual, may be liable for damages caused by the negligence of the child or individual in driving the vehicle only up to the policy limits of the foster parent’s applicable insurance coverage.

Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title21/c061/index.htmlFetched: 6/28/2026