Can a Parent Be Sued for a Car Accident?

Being involved in a car accident can be a terrifying experience for anyone, whether you’re the accident victim or even the cause of the accident. Car accidents can lead to severe injuries, inability to work, destruction of property, and more, so it’s important to ensure you are represented by experienced legal counsel to guide you through this stressful process. 

Accidents involving teen or young adult drivers may raise different issues than a regular car accident case, given the level of inexperience and being insured under a parent’s auto policy. If you have been injured in a car accident involving a teen driver in Miami, Florida, you are entitled to recover damages for the full extent of your loss and may even be able to bring a claim against the driver’s passenger. Let our car accident attorneys at Bernstein & Maryanoff Injury Attorneys help you achieve maximum compensation while fighting for justice on your behalf. 

Florida Parental Responsibility Statutes

In Florida, parents will likely be held responsible for any damages their child causes while driving an automobile. Under Florida Statute 322.09(b), the law states: “Any negligence or willful misconduct of a minor under the age of 18 years when driving a motor vehicle upon a highway shall be imputed to the person who has signed the application of such minor for a permit or license, which person shall be jointly and severally liable with such minor for any damages caused by such negligence or willful misconduct.”

It’s important to understand, however, that this does not mean a parent is always liable for any negligent actions their child is responsible for. Automobile accidents are unique in that the vehicle is likely owned by and registered under the parent or legal guardian, thus transferring liability for any car accidents involving their child. 

What if the Teen Took the Car Without Permission?

If you have been involved in a car accident where the teen took the car from their parents or guardian without permission, then it is important to speak with an experienced car accident attorney to understand how the liability will be determined. Various aspects must be considered here, such as whether the child had stolen the car and whether the parents had reported the car as stolen. However, since the vehicle still belongs to the parent, there is a possibility that the parent will still be liable for any accidents caused by their child due to driving the car.

Can a Teen be Sued Directly for a Car Accident?

While a parent may be held liable for their child’s negligent driving, it is also possible for the teen to be sued directly for the accident under Florida law. However, the plaintiff will likely need to name the teenage driver’s parents in the lawsuit, as there are certain stipulations and limitations when pressing charges against a minor defendant. One of the main limitations when suing a minor is that their parents will need to sign any settlements for negligence claims to be legally enforceable. 

How Long Do I Have to File a Lawsuit for Car Accident Injuries?

Like any lawsuit, you must file a car accident claim within the appropriate statute of limitations. The statute of limitations applies in every jurisdiction for every type of legal claim within the United States and determines the amount of time a person has to file a lawsuit before the case is considered moot and cannot be filed. 

Each jurisdiction is entitled to set forth its own statute of limitations. In many jurisdictions, the statute of limitations for filing a car accident lawsuit states that the case must be filed within two years of the date of the accident. In Florida, however, the statute of limitations is four years from the date of the accident. 

If You Have Been Injured in a Car Accident, Give Bernstein & Maryanoff Injury Attorneys a Call Today

Bernstein & Maryanoff Injury Attorneys’s Miami car accident attorneys are familiar with Miami traffic laws and court rulings. Our team draws on decades of experience handling car accident cases and fighting to get victims justice after an accident. We also understand the complexities of lawsuits involving teenage drivers. 

If you’re wondering how a lawyer can help, we’ll explain your options and handle every step of your claim until you get the compensation you deserve, regardless of whether the child or parent is deemed responsible for the accident. Whether your claim is strictly for property damages or includes seeking compensation for injuries suffered in a car accident, our attorneys are well-versed in handling any type of car accident claim.

Sources: 

Goguen, D. What Is the Car Accident Statute of Limitations in Florida?

Statute of Limitations Definition.

The 2023 Florida Statutes.