Are Parents Liable for an Accident Caused by Their Teen?
Under some circumstances, a parent or guardian may be deemed liable for any injuries or damages caused by their teen driver. In New York, that liability can arise in more than one way, depending on the facts of the situation.
One way liability may attach is through a legal principle known as negligent entrustment.
This applies when a parent or guardian knowingly allows a teen to drive despite clear warning signs that the teen may be unsafe behind the wheel. These warning signs can include a history of prior accidents, repeated traffic violations, or other reckless behavior. If a parent was aware of these risks and still permitted the teen to drive, they may be held directly responsible for the resulting injuries or property damage.
Another way liability may arise is through vicarious liability.
Unlike negligent entrustment, vicarious liability does not require proof that the parent acted negligently at all. In New York, when a parent or guardian signs a teen’s junior license application, they assume legal responsibility for the teen’s driving conduct. As long as the teen lives at home and remains financially dependent, the parent or guardian may be held liable for damages caused by the teen’s negligence—even if the teen had no prior driving issues and the parent did nothing wrong.
Liability for Accidents in New York
Understanding New York’s insurance requirements helps explain when a parent’s liability may go beyond policy limits.
New York is a no-fault auto insurance state. This means that, for personal injuries, the injured person must first file a claim with their own insurance company under the personal injury protection (PIP) provision of their policy even if the other driver caused the accident. PIP will cover not only the driver but also their passengers.
The basic requirement for auto insurance in New York is to have $50,000 in PIP coverage. In addition, you must carry $25,000 per person bodily injury coverage for injuries you cause to one other individual, and $50,000 for injuries you cause to all others not in your vehicle.
There is also a requirement for $50,000 in fatality coverage for one fatality you cause, and $100,000 in fatality coverage for one accident (more than one fatality). You also must carry $10,000 in property damage coverage for damage you cause to other’s vehicles or property.
Note that, though PIP will cover your medical expenses and lost wages, a basic policy provides no coverage for damages you sustain to your vehicle. For that purpose, you will need to purchase optional collision and/or comprehensive coverage or seek a claim against the at-fault driver.
When your teen starts driving, you will have to add them to your policy, so presumably if your child does get involved in an accident, your insurance will cover injuries and property damage, but if the amounts exceed your coverage, you could be on the hook for the remaining medical bills, lost wages, or property damage. This is where many parents begin to feel overwhelmed.
If your teen has been involved in an accident in or around New York or Long Island, and you are concerned about your liability as a parent or a guardian, my firm, the Law Offices of Steven R. Smith, is here to help.
Can a Parent or Guardian Be Sued?
The answer is yes, but that would generally mean that your insurance policy caps were breached (for example, if the medical expenses topped $50,000) or that your insurance company declined to honor the claim for whatever reason (such as citing perhaps negligent entrustment). But if a teen driver runs up a bad driving record, there is also a good chance that either your premium will go sky high or the insurer will refuse to cover the teen driver.
If you are being sued, you need to get the support of a diligent personal injury attorney. Your attorney will fight for you and your loved ones, advocating for your rights and a positive future.
Injury Stats and Legal Facts About Teen Driving
According to the New York State Department of Health, each day, 10 people are sent to the hospital or even fatally injured by a teen driver. The leading cause of crashes by teens is unsafe speed at 21 percent, whereas drivers aged 25 to 49 involved in crashes are only 10 percent at fault for unsafe speed. The second leading cause of teen driving accidents is simply inexperience—found at 8 percent.
In New York State, when someone reaches the age of 16, they can obtain a learner’s permit. After six months with no license suspension, the teen can advance to a junior license. There are requirements to prove they’ve had at least 50 hours of supervised driving, including 15 hours at night. The applicant must also complete a pre-licensing driver’s education course. Junior license holders must still have a parent or guardian with them while driving. At 17, they can obtain an unrestricted license.
If your teen is involved in an accident that causes property damage and injury to others, you need to make a claim on your auto insurance policy. But beware of one thing: insurers have trained professionals known as claims adjusters whose sole goal is to safeguard the parent company’s bottom line. The result is generally a low-ball first settlement offer. Don’t accept it. In fact, don’t do the negotiating yourself.
Get Strong and Dependable Legal Guidance
As a professional car accident attorney, I have more than 30 years of experience in personal injury claims and lawsuits. I’ve been fighting the insurance companies for decades, and I know all their tricks. Contact me at the Law Offices of Steven R. Smith if your teen has been involved in an accident in Long Island or any neighboring communities.