Adults are not the only ones who cause car accidents. Minors under the age of 16 are also on the road, and as a result, accidents are caused by minors as well. However, unlike adults, minors are not capable of legally owning property or assets and, as a result, the ability to pursue a personal injury claim against a minor responsible for a car accident is more of a gray area.
We have asked attorney, Alaina Sullivan, about what you should do. Here is what she had to say:
Standard of Care
The law applies different standards to different age groups in terms of negligence and a minor child’s liability for injuries to another person. The theory behind this application is that certain age groups are seen as not as capable as adults of understanding risks and associating those risks with consequences.
The younger the child, the less likely that child is of understanding that acting carelessly could have serious consequences.
However, as a child gets older, his or her ability to understand right from wrong changes. As children age, they begin to be held liable for actions they should know are wrong, especially when they lead to serious consequences.
When it comes to driving, teens are required to undergo extensive training and testing before being allowed to legally be behind the wheel. Driving is considered an immense privilege, and it is one to be taken very seriously.
By the age of 16, arguably your average teenage driver should be aware that he or she is in control of a very powerful vehicle that, if used carelessly, could hurt if not kill another individual. It is for this reason that courts do find that minor teens should be held liable for their actions behind the wheel.
Collection of Damages
The problem is, children do not have their own money. Until they are age 18, most states do not consider them legally capable of owning property. A victim can collection payment for his or her injuries from the minor’s insurance coverage or the parent’s insurance policy.
If the child is driving a vehicle for a work-related purpose, sometimes you can pursue collection from the minor’s employer.
Parental Liability
Liability often lies in the parents’ hands. If a minor teenager is driving a car and gets into an accident, he or she will normally be covered by his or her own insurance company or the parent’s insurance policy.
If the child is not named on his or her parent’s policy, the parent will still be responsible for damages sustained because of the child’s actions. If the minor is driving his or her parent’s car or if the car is owned by the parent, which is a given since minor children cannot legally own property, you can collect from the parent’s insurance company.
However, even if the minor is the registered owner of the vehicle but has no insurance, most states will still find the parents responsible for the damages caused when their minor child is at fault.
Pursuing the Minor Personally
Depending on the severity of the accident and your injuries, you may pursue a law suit against the minor personally for negligence. If you do succeed in obtaining a legal judgment, the court may order 1) the minor’s parents pay or 2) the minor pay for the damages upon turning age 18.
Keep in mind, though, that this process is anything but easy and can often require legal assistance. You also run into the possibility that neither the child’s parents nor the child have anything from which to collect.
Contact an Attorney Today
A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company. For the best chance of receiving the compensation you need to pay for medical bills, auto body bills, and pain and suffering, you should speak with a personal injury attorney in your area today.
