Car accidents are traumatic experiences for everyone, and the aftermath is always difficult to navigate. From greedy insurance companies, car troubles, and serious injuries, it's a confusing time. The accident can become more complicated when you are hit by a teenage driver.
According to the Centers for Disease Control and Prevention (CDC), fatal teenage driving accidents for drivers between the ages of 16 and 19 are about three times higher than the rate for adult drivers.
This can be a confusing time for you and your family. If you're trying to understand what to do after a car accident with a teenager, this guide will help you understand the circumstances and what to do next.
Understanding Liability in Teen Driver Accidents
Figuring out who is responsible for a car wreck is the most important step in getting your bills paid. When an adult causes a crash, you usually file a claim against their auto insurance policy. However, a car accident involving a teenager can be much more complex.
A Teen's Car Insurance Vs. Parents' Car Insurance
It can be scary to be a first-time driver. In most cases, a teenage driver is covered under their parents' auto insurance policy. If the teen driver was at fault for the crash, this insurance policy should cover your medical bills, lost wages, and property damage.
Sometimes, an older teenager might have their own separate insurance policy. You must get the teen driver's insurance information at the scene of the crash. Write down the policy number, the name of the insurance company, and the name of the person who owns the policy.
Parental Liability: When Parents are Responsible
Because teenagers are usually minors, the law often holds their parents responsible for a car accident they caused. Parents have a duty to make sure their teenagers are driving safely. If a parent hands the car keys to a reckless teenager, the parent can be held financially responsible for your injuries after an accident.
The Family Purpose Doctrine Explained
Many states follow a legal rule called the "Family Purpose Doctrine." This rule says that if the head of the household owns a car and lets a family member use it, the head of the household is legally responsible for any accidents that happen. This doctrine helps injured victims get the compensation they need by holding the vehicle owner accountable.
For example, if a mother buys a car for her son to drive to school and he causes a crash on the way home, the mother's insurance is responsible. The car was being used for a "family purpose."
Parental Liability Caps and Exceptions
Some states have specific laws that place a "cap" or a limit on how much money a parent must pay for a minor child's actions. However, these limits usually apply to intentional or malicious acts, like vandalism.
Car accidents are usually caused by negligence, which means carelessness. If a parent was negligent in letting their teen drive, for instance, if they knew the teen was intoxicated or had a suspended license, the parent could face full liability without a cap.
Graduated Driver Licensing (GDL) Systems and Violations
To help keep the roads safe, all states use a Graduated Driver Licensing (GDL) system. This system gives new drivers more privileges as they gain more experience. It restricts when and how teens can drive. If a teenager violates these rules and hits you, it can be strong proof that they were acting carelessly.
Instruction Permit
This is the first stage of the GDL system. A teen with an instruction permit is only allowed to drive if a licensed adult is sitting in the front passenger seat. If a teen with only a permit was driving alone and hit you, they were breaking the law.
Intermediate License
After passing a driving test, a teen gets an intermediate or provisional license. This license comes with strict rules. The teenager usually cannot drive late at night. They are also restricted from having multiple young passengers in the car, as friends can be a huge distraction.
Full Driver's License
Once the teenager reaches a certain age, usually 18, and has driven safely for a period of time, they receive a full driver's license. The previous restrictions are lifted, but they must still follow all standard traffic laws.
Impact of GDL Violations on Liability
If the teen driver who hit you was breaking their GDL rules, like driving past curfew or driving with too many friends in the car, this is incredibly important for your case. Breaking a safety law and causing a crash is often considered "negligence per se." This means the law automatically views the driver as careless. It makes proving fault much easier. You can hold them fully accountable for the injuries they caused you.
Learn More: Teen Driver Awareness Month
Gathering Evidence to Support Your Claim
You need to act fast to protect your case after a teen-caused car accident. The more evidence you have, the harder it will be for the insurance company to deny your claim.
- Document the Accident Scene: If you are able, use your phone to take pictures of the damage to both cars, road and weather conditions, traffic signals, and any debris. Call 911 to ensure a police officer files an official crash report, which is a powerful piece of evidence.
- Collect Witness Information: Get any witnesses' names, phone numbers, and email addresses. Witness statements are highly credible, and you should not rely solely on the police to gather this information.
- Track Your Expenses: Keep a detailed record of all costs resulting from the crash. This includes hospital bills, pharmacy receipts, and physical therapy invoices. If you missed work, obtain a letter from your employer detailing your lost wages. This paper trail proves the financial burden of the accident.
Continue Learning:
Teen Car Accident FAQs
What if the teen driver who hit me does not have insurance?
If the teenager was driving uninsured, you still have options. You might be able to file a claim under your own auto insurance policy if you have uninsured motorist coverage. You can also look into suing the parents directly if they allowed the uninsured teen to drive their car.
Should I accept the first settlement offer from the insurance company?
No. The first offer is almost always a lowball amount. The insurance company is hoping you are desperate for quick cash and will accept less than you deserve. Never sign anything or accept a check until a lawyer has reviewed your case.
We'll Help You Navigate This Accident
At DM Injury Law, we know exactly how to handle these tough cases. We understand how emotionally exhausting and financially burdening a serious crash can be. Our dedicated team is here to support you through every step of this difficult journey.
We fight hard against the big insurance companies to ensure our clients get the maximum compensation possible. We have secured over $1 billion for our clients and are ready to help your family secure the money you need to move forward.
If you need a teen driver accident attorney to stand up for your rights, reach out to DM Injury Law. We have offices across the Midwest, including:
- Kansas City car accident lawyer
- St. Louis car accident lawyer
- Columbia car accident lawyer
- Wichita car accident lawyer
- Topeka car accident lawyer
- Oklahoma City car accident lawyer
- Tulsa car accident lawyer
- Omaha car accident lawyer
We offer free consultations, and you pay no fee unless we win your case. Contact us online today or call us at 816-888-7500 for your free consultation. Remember, Mike's Got This!
