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  1. #1
    Join Date
    Oct 2015
    Posts
    1

    Default Are Parents Liable if Their Minor Child Causes an Accident in Their Car

    My question involves an accident/injury that occurred in the state of: Arkansas
    While traveling, I was stopped at a light and was rear ended, pushing me into the car in front. The police were called, the 17 year old driver of the car that hit me gave the insurance information from his parents car, and the police gave him a ticket. The police told me that the other driver was at fault for my damage and the damage of the car in front of me which I hit as the police said he was texting when he hit me. I called the other drivers insurance company and initiated a claim and proceeded to get an estimate for my own damages. I went to an immediate care center for my minor injuries. The insurance company called and said that the minor driver was not a listed driver on the parents policy and they would have to find out if the parents gave permission for their child to drive. As of now, I have $4500 in damage and do not know if they will cover my damage or not.

    It seems to me that the parents would be liable for the minor child's actions. And if he took the car without permission, he should be arrested for theft. I live 800 miles away and cannot appear in court. My injury was minor, so a personal injury lawyer will not take the case on a contingent basis. I am fully insured with collision and a $1000 deductible. Do I need a lawyer in Arkansas to sue the parents if there is no coverage or will my insurance handle my repairs and medical expenses, although I will be out my deductible?

    I have looked up the rules in Arkansas and police at the scene determine fault. It is also against the law to drive without insurance. If a driver is under age 18, it is against the law for that driver to use a cell phone for any reason except in an emergency. I know I don't have a final word from the drivers insurance company, but my phone calls are not being returned regarding their coverage. Any thoughts about possible action would be appreciated.

  2. #2
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Licensed Minor at Fault in Accident Not on Parents Insurance

    Given the amounts at issue and the facts involved, you probably will fare better making the claim with your insurance company and getting compensated for whatever your coverage will pay for if the insurer of the vehicle that hits you denies coverage. This is the sort of thing you have your own insurance for, after all.

    If you sue, you have to prove the defendant negligent. The minor driver may well have been negligent, but you have to prove it. The police officer’s conclusion on fault will not be admissible in court. However, you might be able to get the officer’s testimony as to any admissions made by the kid in as evidence to show that he was texting while driving. You likely would need to show up and testify yourself as to what happened as part of your case, too, and your travel expenses will not be something you can get added to the judgment. You’d certainly have to appear if you sued if you don’t hire a lawyer to handle the case for you since you would then have to present your own case. Either way, the expenses might end up exceeding what you’d win here.

    If the parents let the kid drive, the issue would be whether they were negligent in letting him drive. They are not automatically liable just because they are his parents. Letting him drive without proper insurance coverage is a problem but does not necessarily mean they were negligent in letting him drive the car. The issue here would be whether they had any reason to know he may be an unsafe driver when they let him take the car. But if they let him take the car, their insurance may well cover it anyway, in which case suing them may not be a problem. If the kid took the car without permission the parents might be off the hook for this. You cannot force the police and prosecutor to prosecute the kid for theft in that instance, and most prosecutors wouldn’t touch it.

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