Learning to drive is a big deal, not only to the young people learning to drive but to the adults helping them learn to drive. It can be a stressful process, and along the way, mistakes can happen. What happens if the inexperienced driver-to-be causes an accident? Does that individual hold the liability in the accident?
If you or a family member has a learner’s permit or just recently got your driver’s license, you may wonder if there are different regulations or guidelines that must be followed. You need to understand the process and learn the regulations as they apply to such situations. If a driver isn’t adhering to the laws and they receive a ticket, or if they are at fault for an accident, it can cause problems for them. Here are some things that new drivers should be aware of.
We have asked attorney Alaina Sullivan about what you should do. Here is what she had to say:
Do Drivers with Learner’s Permits Need Insurance?
It depends on where you live as many states have different laws on the books when it comes to new drivers. Most do not require a driver with a learner’s permit to have insurance so long as the driver is a minor. The reason for this is the learning driver is normally being accompanied by an insured driver.
If an accident happens with the learning driver behind the wheel, the injured party would seek damages from the supervising driver’s insurance policy, especially if the driver owns the vehicle. Normally insurance follows the car. The learning driver would very rarely be driving by himself; therefore, that person would be covered by an insurance policy regardless.
Adding the Learning Driver to Your Policy
If you are a parent of a child learning to drive, insurance companies to prefer that you notify them that your child currently has a learner’s permit and is driving one of your vehicles. Some policyholders require these children to be added to the policy while holding the learrner’s permit, and this can normally be done for a pretty reasonable cost.
By adding the new driver to your policy, that person is now a “named insured.” The driver would have already been covered by your policy to begin with, but by adding them to your policy, you are further protecting both yourself and the learning driver.
Permissive Driver
If the learning driver is not your child or does not live in your home and is not listed on your policy, most insurance policies will still cover the driver so long as the owner of the car gave the learning driver permission to use his or her vehicle. That would make the person driving the car a “permissive user.”
The permissive user would then be covered under the policy of the car owner in the event an accident occurs.
Never Assume
However, do not just assume that a learning driver is going to be covered under your policy when driving your car, and if you are the learning driver, do not assume you are covered. Always reach out to your insurance company first to confirm this fact.
Your policy may have limitations or restrictions in various circumstances. Review your policy, and when in doubt, contact your representative before you let another driver behind the wheel. Of course, hope that an accident does not happen, but it is better to be safe than sorry.
Rules For Permitted or Newly Licensed Drivers
Those who have just gotten a learner’s permit, or who are newly licensed, should use extra care when behind the wheel and operating a vehicle. Many states have a graduated license system. When driving with a permit, the driver must be accompanied by a licensed passenger 21 or older, a parent, or a legal guardian. Some states only allow a driver with a permit to operate a vehicle during certain hours – such as no driving between 10 p.m. and 6 a.m.
In most situations, a teen driver must drive a set number of hours, such as 50 hours, and have a permit for six months before they are eligible for an intermediate driver’s license. If you have an intermediate driver’s license, you cannot operate a vehicle that has more than one passenger unless one or more passengers are 21 years of age or older and they possess a valid unrestricted license or unless the additional passengers are siblings of the driver's.
The state laws vary, such as in South Dakota a driver who is 16 and who hasn’t had a traffic violation in the six months before applying are eligible for an unrestricted license after they have completed the requirements of the permit. In Tennessee, an individual must be 17 and held an intermediate license for a year, maintained a safe driving record and attained no more than 6 points, and have not contributed to a crash are eligible to advance to an unrestricted license. Safety belts are required by law for all graduated licensed drivers and their passengers ages 4 to 17 in Tennessee.
Rules on Technology
You need to do your research and familiarize yourself with the technology laws in your state. In some states, newly licensed drivers or those who have permits are not allowed to use technology while operating a vehicle. This means that in some states that they cannot even use a GPS. If they are caught using prohibited technology, they can be ticketed and face criminal charges depending on the violation.
If you aren’t familiar with the laws, and if you are breaking the laws, or if the other party is breaking the law, it can be hard to win your claim if you don’t understand the laws and responsibilities. You need to do your research or enlist the help of a personal injury lawyer who is familiar with all the laws and processes. An attorney will know the laws and can determine what laws – if any – were being violated at the time of the accident.
What If They Are Learning To Drive In Someone Else’s Car?
Often, someone with a permit or a beginner’s license is operating a vehicle that belongs to someone else. In many cases, it is a car that belongs to a parent, grandparent, or sibling. In that case, the owner of the vehicle will be held liable. The owner of the vehicle is responsible for maintaining auto insurance coverage, so they are responsible if the person driving their vehicle causes a crash that results in damages.
The insurance follows the vehicle in most cases, but the specifics of a claim can differ since the laws and coverage could vary depending on the state, policy, insurer, and coverage. In most cases, if the owner of the vehicle gives someone permission to drive their vehicle, their insurance will cover the damages if the person driving their vehicle is considered to be at fault.
Of course, you should check with the insurer, read over the policy, and then check with your state laws. Talk with a personal injury attorney about the situation since he or she is familiar with the laws and will know who is responsible for the damages that incur in such situations. You will want to make sure your claim is filed in a timely manner and that you pursue a claim against the proper party and send notice to the right insurance company.
Can The Minor Be Sued If They Caused The Accident?
Often, a newly licensed driver or an individual with a permit is a minor. If someone is younger than 18 – 19 in some states – they are considered a minor. If a child causes the injury, you may be left wondering what to do. Personal injury law makes the assumption that minors or children don’t have the same well-formed judgment as adults, so there are different rules in place regarding liability in an accident that was caused by a minor.
The same standards of care expected of adults cannot be used for children. Carefulness implies to understanding risks, and often minors don’t understand risks the same as an adult. Once a child is old enough to know right from wrong, the child can be held responsible for any intentional injuries that he or she caused.
In the case of an auto accident, the auto insurance of the owner of the vehicle should cover the damages. If the damages exceed the policy limits, then you would file a claim with your underinsured or uninsured motorist policy.
After that has been maxed out, you can file a lawsuit against the parents of the minor – or the owner of the vehicle – to recover compensation. If they have no financial resources, you will not recover anything, but if they have an umbrella policy or other insurance coverage, it may come into play. If you have been in a crash with a driver who has a permit or who is newly licensed, you should consult with a personal injury lawyer.
Contact an Attorney Today
If your child is learning to drive and has been in an accident, or, if you have been in an accident with a driver covered by a leaner’s permit behind the wheel, you should contact an attorney today to discuss your case.
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. To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
