Virginia law generally holds people responsible for their own actions, and parents are not liable for the traffic accidents their children cause under most circumstances. However, there are exceptions, such as when parents negligently entrust a vehicle to an unsafe child. That said, while parents typically are not personally liable for accidents caused by their children, their insurance policies are – and their premiums will likely go up as a result.
If your teen driver was in a collision, the Virginia car accident lawyers at Marks & Harrison can help. We can explain the legal issues related to motor vehicle accidents involving children and determine who may be responsible for any resulting injuries and losses.
What Is the Family Purpose Doctrine?
The family purpose doctrine holds that whoever owns a vehicle is liable for any accidents that family members cause when using the car. Under this concept, vehicle owners must ensure family members use their vehicles responsibly or cannot use them at all. The parent of a teen driver who is using the family car or even a vehicle that the parent has given them could be liable if the teen causes an accident.
However, Virginia is one of several states that has not applied the family purpose doctrine. In fact, state courts expressly rejected the doctrine in the 1938 decision of Hackley v. Robey.
What Is Negligent Entrustment?
Negligent entrustment is another legal doctrine allowing an injured person to hold a parent liable for an accident the teen driver caused. Unlike the family purpose doctrine, the negligent entrustment doctrine is valid in Virginia courts.
The negligent entrustment doctrine states that a vehicle owner can be held responsible for an accident if they let someone use their car when they knew or should have known they were likely to cause a crash. For example, if a child’s parents knew or suspected their child was unfit to drive and let them drive anyway, they could be liable if the child caused a crash while using their car.
One key thing to know about accidents involving negligent entrustment is that, per the court’s finding in Turner v. Lotts in 1992, a child’s past driving history does not necessarily count as evidence of negligence by itself. In other words, the fact that a child has received prior traffic citations does not automatically mean that it’s negligent for their parents to let them use a family vehicle. A skilled car accident lawyer can help you by gathering evidence to disprove negligent entrustment in a case like this.
Could Both Parents Be Held Liable for a Car Accident Caused by Their Child?
Which parent could be liable for a car accident caused by their child depends on who entrusted the child with their vehicle. If both parents did, they could both be liable. Otherwise, the parent who allowed the child to use their vehicle despite being unsafe would bear sole liability for their negligent entrustment.
What If the Child Drove the Car Without Their Permission?
As Virginia does not recognize the family purpose doctrine, the parent of a child who causes an accident while using their car without their permission likely would not face personal liability for that child’s accident.
Will the Parents’ Insurance Rates Go Up If Their Child Causes an Accident?
If a child crashes a car their parents have insured, the parents can almost certainly expect their insurance premiums to increase. Auto insurance companies make money by avoiding paying claims, and it’s standard practice for them to raise a policyholder’s premiums if someone using their vehicle causes a crash. If the child regularly uses the car but is not listed on the policy, the insurance company will still likely charge the policyholder additional fees.
The main exception to this rule is if a child is involved in a crash but didn’t cause it. If the other driver’s insurance company pays the claim, then the teen’s parents likely won’t see their premiums increase. To avoid being held liable for a crash and an increase in their insurance premiums, parents should talk to a lawyer right away after any accident involving their children.
What Should You Do If Your Child Is in an Accident?
You can take several important steps after your teen is in an accident to protect your family and your rights. Here’s what to do:
- Get and document medical care – Take your child to be checked out immediately, even if they don’t seem hurt. Keep detailed records of all medical treatments your child and any other family members receive as a result of the accident.
- Report the accident to authorities – If you haven’t already, contact the police as soon as you can to report the accident. This is a critical step for legal and insurance purposes.
- Contact your insurance company – Inform your insurance provider about the accident. Provide them with any details you have, including a police report number if available. However, be careful not to say anything that could make you or your child sound at fault.
- Gather information – Try to compile any information about the crash, such as the other driver’s contact and insurance details. If you didn’t get this at the scene, the police report might have these details.
- Seek legal advice – Talk to a lawyer who handles car accidents and personal injury law. They can advise you on your next steps, especially if there are significant injuries or potential legal complications.
Contact a Virginia Car Accident Lawyer
The Virginia car accident attorneys at Marks & Harrison know how scary it is when your child is involved in a collision. But if someone else was at fault, they may be responsible for paying for your teen’s medical bills and other losses. We’re here to help you through this challenging episode and get your child on the road to recovery. Call us today or complete our contact form for a free consultation.
