Are Parents Responsible for Their Teen’s Car Accident?

Yes, if a teenager under the age of 18 causes a car accident in New Jersey, the teen’s parents can be held responsible. Parents are vicariously liable for crashes caused by their teen drivers until the teen becomes a legal adult. Even after a teen reaches the age of majority, certain New Jersey laws can still allow injured victims to hold the parents responsible, depending on the circumstances. Make sure to speak with an experienced New Jersey car accident lawyer for legal guidance and support.

How Does Parental Liability Work in New Jersey?

Parental liability comes from the legal doctrine of vicarious liability. This rule holds certain parties responsible for the actions and mistakes of their agents, including parents and minor children. Even if a teen is over the age of 18, however, if the parent owns the vehicle and the teen has permission to be driving it, the parent’s insurance will most likely pay.

When a teen driver causes a car accident by texting and driving, speeding, reckless driving, or another mistake, the parents can be held liable (meaning legally and financially responsible) for the outcome. This generally means the parents will pay for a victim’s medical bills and property damage using the insurance policy purchased on the car that was being driven by the teen.

In New Jersey, a parent or legal guardian is required to sign a minor’s driver’s license application before the license will be issued by the Motor Vehicle Commission. By signing this document, the parent is accepting legal responsibility for any damages caused by the teenager’s negligent driving – giving victims the right to bring a claim against the parents after a car accident.

What Is Negligent Entrustment?

If a parent or legal guardian loans a vehicle to a teenager with known risks that increase the odds of them causing a car accident, this is negligent entrustment. Loaning a vehicle to a known crash-risk teen can make the parent personally liable for an accident. If the teen had a history of drunk driving or was unlicensed, for example, the parents can face the blame for a car accident the teen causes while borrowing the car.

New Jersey’s No-Fault Insurance System and Teen Drivers

New Jersey is a choice “no-fault” state, meaning any driver involved in an automobile accident must file a claim with their own car insurance provider first, regardless of fault. Drivers do not have to prove that someone else is to blame to recover compensation for their medical bills and lost wages from their own personal injury protection (PIP) coverage.

However, there are exceptions to the rule that allow an injured person to bring a claim against the at-fault driver. This is the case if the victim purchased unlimited right to sue insurance on a Standard car insurance policy, or if the victim suffered serious injuries that meet New Jersey’s tort threshold.

If a third-party claim against an at-fault teen driver is permitted under the circumstances, the victim will have to prove that the young driver was at fault for the accident. This type of insurance claim or personal injury lawsuit would be against the teen’s parents if the teen was under the age of 18, the parents owned the vehicle or there is proof of negligent entrustment.

When to Contact a New Jersey Car Accident Lawyer

Car accident cases involving teen drivers can be complicated, with the potential for a lack of insurance coverage and issues of parental liability. If you were recently affected by a teen driver accident in New Jersey, contact a New Jersey personal injury attorney for information about your legal rights.

A lawyer can investigate the case to identify all available sources of insurance or financial compensation, including a potential lawsuit against the teen’s parents. Contact The Law Offices of Jeffrey S. Hasson, P.C. for a free consultation to learn more.