If you have been in an accident with a teen driver, you may wonder what sort of recourse you have in order to protect your rights. Teen drivers are often difficult or costly to insure, and they are often insured under their parents’ insurance policy.
Teen drivers are among the most likely to get into an auto accident. In fact, according to the U.S. Centers for Disease Control and Prevention (CDC), motor vehicle crashes are the leading cause of death for teens in this country. In 2010, motor vehicle accidents were responsible for 7 teen deaths every day. In 2012 alone, 71 teens died in Illinois auto accidents. Statistics show that, per mile driven, teen drivers between the ages of 16 and 19 are three times more likely than drivers over the age of 20 to be in a fatal auto accident.
When a teen driver is responsible for an auto accident, complex issues regarding liability can arise. If the teen is in an auto accident while driving t
he family car, most states will hold the parents liable under the “family car doctrine.” Even in those states that do not have the “family car doctrine,” parents can be held liable if they are negligent in letting their child use the car.
If the teen gets into a car accident while driving a vehicle loaned to him or her by a friend, the car owner can also be held liable under legal principles of vicarious liability. Otherwise known as “owner’s liability,” car owners can be held liable for accidents that involve their vehicle even if they are not driving the car. Accordingly, if you were injured in an auto accident with a teenager who was driving someone else’s car, you may have a cause of action against both the teen and the car owner, with both parties jointly and severally liable.
If the teen is driving his or her own vehicle and is uninsured, you may still be able to recover compensation under your own insurance policy’s uninsured motorist provisions. In these situations, you could also file a personal injury lawsuit against the teen and his or her parents.
