Are Teen Drivers Liable for Car Accidents?

According to the Centers for Disease Control, motor vehicle accidents are the leading cause of death among teenagers. And, while teen drivers only make up 5% of all licensed drivers, they cause more than 8% of all fatal crashes.

Part of this has to do with the fact that teen drivers don’t have the same kind of experience as adult drivers. Another problem is that they aren’t as careful or accident-averse as they should be. Many young people think they are invincible. Unfortunately, that isn’t true for teen drivers or car accident victims.

The question is whether teen drivers should be liable for damages the accident victim suffers in a car crash. You may also wonder if suing a teenage driver is worth it. It’s not like they have any assets.

If you’ve recently been hurt in a car accident caused by a teenage driver, you should know what your options are.

If a Teen Crashes a 'Family Car'

Teenagers rarely drive their own vehicles. Usually, they drive a family car. Even if their parents “buy” them a car, the registration and insurance are most likely in the parents’ names. This means that, more likely than not, when a teen driver gets into an accident they’ll be driving the "family car."

This means that you’ll be able to file a claim with the parent’s insurance company. If the insurance adjuster denies your claim or refuses to pay it in full, you have the option of suing the responsible party.

Since the driver’s parents entrusted the family vehicle to their teenage son or daughter, they may be liable for negligent entrustment. Depending on your state laws, you may be able to sue the parents directly under personal injury.

In addition to filing a negligent entrustment case, you may also be able to sue under the "family car doctrine." Every state has laws on parental liability, so you’ll want to check with a local car accident lawyer to see how your state laws work.

If a Teen Crashes a Friend's Car

One concept about insurance coverage that many drivers aren’t aware of is that auto insurance follows the car, not the driver. This means the person who registers and insures a motor vehicle is liable for any bodily injuries and property damage the driver causes. Under the law, this is known as vicarious liability.

For example, imagine your teenage son borrows his friend’s car to drive to work. On his way there, he rear-ends a vehicle carrying a family of four. The occupants of the other car suffer serious injuries and rack up over a hundred thousand dollars in medical bills. They file a claim against the friend’s insurance policy.

Let’s also imagine that the insurance company denies the insurance claim. The driver and passengers in the other car file a car accident lawsuit against your son and his friend. Unless they can prove that your son was guilty of reckless driving, DUI, or taking the car without his friend’s permission, the court will hold his friend responsible since he owns the vehicle.

If an Uninsured Teen Driver Gets in a Crash

Many insurance plans have a separate policy for uninsured motorists, which is incredibly helpful for accident victims. If you suffer car accident injuries and the vehicle owner doesn’t have insurance, you can file a claim under your own uninsured motorist’s policy.

The problem is that uninsured motorist coverage is usually limited, sometimes only around $10,000. There is a good chance that your damages will far exceed the policy limits. So, what do you do after the car insurance company issues its payout, leaving you with a ton of medical expenses, lost income, and other damages?

If the at-fault driver doesn't have auto insurance, you can sue them directly. Unfortunately, if the at-fault driver couldn’t afford auto insurance, they probably don’t have any assets. This means that you may end up with a judgment that isn’t worth the paper it’s printed on.

Your only hope in this situation is that the teenager’s parents have assets and that your personal injury attorney can convince the court that the parents are liable.

If You Choose to Sue, Contact a Local Personal Injury Lawyer

Deciding whether to sue the other driver in any car accident case can be difficult. Part of you wants to hold the responsible party accountable for their actions. However, you also realize that filing suit may be a waste of time. Legal action may be futile if the other driver is a teenager whose parents have little to no assets.

The best thing to do is to talk to a car accident attorney and see if they think your car accident claim is worth pursuing. They can contact the insurance provider (if they denied your claim) and try to negotiate payment. If this isn’t possible, they’ll evaluate your claim and decide if you should file a personal injury lawsuit against the teenage driver.

Related Resources

• Determining Liability After a Car Accident (FindLaw's Learn About the Law)
• Parental Liability (FindLaw's Learn About the Law)
• Can Parents Be Held Liable for a Child’s Underage DUI? (FindLaw's Law and Daily Life)