What Should I Do if My Teenager Has a Car Accident?
Understanding how to prep your teen driver for handling car accidents and how liability works
By Andra DelMonico, J.D. | Reviewed by Canaan Suitt, J.D. | Last updated on May 30, 2024 Featuring practical insights from contributing attorney Todd ClementUse these links to jump to different sections:
- How Can I Prepare My Teenager to Handle a Car Accident?
- What To Do After an Accident
- Will I Be Liable if My Child Causes a Car Accident?
- Damages Parents Could Be Liable For
- Will My Child’s Car Accident Impact My Insurance?
- Do Parents Need to Hire a Car Accident Lawyer?
- How Can I Support My Teenager Through the Process of a Car Accident?
- Find Experienced Legal Help
Obtaining a learner’s permit and then a driver’s license is a right of passage for American teens. While this is an exciting time, it can be anxiety-inducing for parents. Their teen driver is heading out on their own while taking on significant responsibility. Unfortunately, teens have a higher rate of accidents than drivers of other ages. As parents, this can open the door to liability and increased insurance rates.
How Can I Prepare My Teenager to Handle a Car Accident?
Before your teen heads out on the road, talk to them about the possibility of getting into a car accident. Because they are a new driver, they are at greater risk. Talking to them about what to do if they get into a car crash will help them feel prepared and not panic in the moment. In addition, talk to them about behaviors that increase the risk of getting into a car accident.
Distracted Driving
The number one reason for teen-caused car accidents is distractions while driving. Cell phones create a significant distraction. Parents should talk with their teens about the importance of not using their phones while driving. Setting clear rules and boundaries can help reduce the risk of teens using their phones while driving.
“In Texas, within two months of getting their license, teens have to go through a special distracted driving program, just so they understand what it is,” says Todd Clement, a personal injury attorney in Dallas. “That way, the kids really do understand that they shouldn’t be using their phones.”
What To Do After an Accident
Tell them they should not leave the scene of the accident, but they do need to get to safety. If possible, they should get out of the traffic path and stop their car safely on the side of the road. They should also turn their hazard lights on.
The next step is to notify authorities. Doing so can alert emergency response services to those who need medical attention and let law enforcement know that a police officer needs to respond. The office will prepare a police report of the incident. This accident report is crucial for recording the accident events. Explain the other information that will be on the accident report and why it’s crucial.
- Driver’s name
- Driver’s license number
- Insurance information
- License plate number
- Driver’s contact information
- Witness contact information
Talk to your teen about the importance and impact of what they say. While you should encourage them to be truthful, they shouldn’t directly accept fault or take the blame for the accident. These statements will be recorded in the police report and can have a negative impact later. Explain that accidents are sudden and jarring. Your teen’s perception of the accident scene may not be accurate based on the evidence.
Clement discusses what teens should do when they get into a car accident. “They need to turn the phone on. They need to take pictures of everything that happened. If the other driver admits fault, they need to record the other driver on video admitting fault.”
Address the possibility that the other driver may not want to involve the police and offer to pay for the damages out of pocket. Explain why this is a bad idea and the possible consequences of agreeing to exchange information with the other driver. Finally, if you have roadside assistance, give your teen the number. That way, they can call to have their vehicle towed to a repair shop if necessary.
Will I Be Liable if My Child Causes a Car Accident?
You may or may not be liable if your teen driver causes an accident. Several factors contribute to the likelihood of parental liability: The state you live in, the state the accident occurs in, who signed the teen’s license application, the age of majority, who was at fault for the accident, and parental negligence.
Clement explains that there are some ways parents can insulate themselves from liability. “Some parents sign over the vehicle to their children. In doing so, they cannot be held liable for negligence and trust because it’s not their car.”
Here are some ways that parent liability for teen drivers may be determined:
1. Dangerous Instrument Doctrine
A motor vehicle is considered a dangerous instrument. Under the dangerous instrument doctrine, you are responsible for injuries and damages caused by your dangerous instrument. This legal principle focuses on the vehicle rather than who is driving it.
2. Signing for a Minor Child’s Driver’s License
Some states, like California, Florida, and Hawaii, hold the parent who signed the teenage driver’s license application liable. However, just because your teen is the at-fault driver does not mean you are responsible for paying out of pocket for the victim’s personal injury claim or property damage. For example, Florida is a no-fault state. Each party files their claim under their own Personal Injury Protection (PIP) insurance.
3. State Statute-Imposed Liability
In states that do not impose automatic liability, victims can argue liability through negligence or vicarious liability.
To prove negligence, the victim must show that the teen’s parents were negligent in allowing the teen to drive. This often means showing that the parent failed to take the necessary precautions to prevent the teen from driving.
Under vicarious liability, the victim would show that the parent is liable for the teen’s actions because they have authority or dominion over the teen. This concept is similar to holding companies vicariously liable for their employee’s car accidents. Whether or not vicarious liability applies is a fact-specific legal principle and can vary greatly from state to state. Speaking with a car accident lawyer in your state can help you understand if it is applicable to your car accident.
Some states statutorily impose liability on parents but set a dollar amount limit to that liability. Of these states, some do not have a liability limit when the parent is negligent but impose a limit when the teen acts willfully or maliciously. This can apply to car accidents or other actions taken by the teen.
- Arizona
- Colorado
- Illinois
- Indiana
- Kansas
- Texas
- Virginia
- Wisconsin
4. Age of Majority
You may still be liable after your child turns 18. The age of majority is when someone is considered old enough to have full legal rights, such as the ability to file a lawsuit or enter into a contract. Some states, such as Alabama and Nebraska, recognize the age of majority as 19. Then, other states, like Mississippi, recognize the age of majority as 21.
5. Family Car Doctrine
Some states use the family car or family purpose doctrine. This legal principle states that if one family member gets into an accident while using a motor vehicle owned by another family member, the vehicle’s owner is liable for injuries and damages caused. Many states have gotten rid of this law, and it doesn’t always apply in the states that still use it. Speaking with an experienced car accident lawyer in your state can help determine if this doctrine applies to your accident situation.
6. Teen Driving Without Permission
When your vehicle gets stolen, you and your insurance company are insulated from liability. In this situation, you are the victim of a crime and are not liable for the criminal’s actions in your vehicle. However, the situation becomes more complicated when it is your own teen who steals your vehicle.
Many states require parents to explicitly and clearly forbid their teens for them to have a chance at avoiding liability. This accident is fact-specific to the accident. Speaking with a car accident attorney who has experience representing teens and their parents. They can explain how this applies to your teen’s accident. Clement talks about how nonpermissive use isn’t always clear when it comes to insurance coverage. “There’s an exclusion under car insurance policies for nonpermissive use. Generally, family members are exceptions. In other words, they cannot be a nonpermissive use person.”
Damages Parents Could Be Liable For
If you find yourself liable for your teen car accident, you could be responsible for covering several types of damages. The process works the same as when you are in a car accident. The parents simply step into the shoes of their teen driver. The injured party will negotiate with the insurance company for a settlement amount. If they can’t agree, they will likely file a lawsuit. Compensation can vary based on the state where the lawsuit takes place. However, these are commonly claimed damages in personal injury car accident cases.
- Medical bills
- Lost income
- Property damage
- Child care costs
- Funeral expenses
- Pain and suffering
- Disability
- Disfigurement
- Emotional distress
Will My Child’s Car Accident Impact My Insurance?
Yes, your teen’s car accident will impact your car insurance. All accident insurance claims listed on your policy will be marked against you. These claims will factor into your policy rate changes when it is time to renew your policy.
One option that might help you keep low rates is to put your teen’s vehicle in their name and get them a separate insurance policy. However, not all insurance companies will allow you to do this. Some will require you to include them on your policy because you are a family living under the same roof. There is an assumption that your child will drive your vehicle at some point. You can request a waiver stating your teen will not drive your vehicle. However, if they do and get into an accident, your insurance will not cover it.
Do Parents Need to Hire a Car Accident Lawyer?
There are benefits to speaking with a personal injury lawyer after your teen has a car accident. An experienced lawyer can help you understand your liability and legal rights. Teen car accidents can be complicated because they are a minor under your car insurance and driving your vehicle.
If your young driver was injured, your attorney can negotiate with the insurance company for a fair settlement.
How Can I Support My Teenager Through the Process of a Car Accident?
Experiencing a car accident is jarring. Help your teen process the experience by giving them the emotional support they need. Try to stay calm as you talk to them about what happened. Discuss ways to prevent a similar accident from happening in the future. Talk about ways they can make driving safer, such as not using their cell phone. Your teen’s inexperience makes them more likely to get into an accident by making a mistake, so reducing distractions is essential.
Find Experienced Legal Help
If your teen causes an auto accident, the first thing to do is not panic. Health and safety are the priority. Once these are addressed, you can consider repairing property damage and liability. Communicate with your teen about how to handle a car accident. Then, speak with a lawyer about how to handle the claims process.
Visit the Super Lawyers directory to begin your search for an experienced car accident attorney.
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Enter your location below to get connected with a qualified attorney today.Additional Motor Vehicle Accidents articles
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