The law in Virginia holds people accountable for their own behavior. In that vein, parents are not, in most circumstances, responsible for car accidents caused by their children. Like all rules, there are, of course, exceptions, like when a parent negligently entrusts their vehicle to an inexperienced or reckless child. That being said, although parents are not usually personally responsible for accidents caused by their kids, their auto insurance policies are, and they can expect their premiums to go up as a result.
In 2023, the period between Memorial Day and Labor Day, known as the 100 deadliest days, nearly 10,000 motor vehicle accidents in Virginia involved teenage drivers. If your teenage driver was involved in an accident, the Virginia Beach car accident lawyers at Shapiro, Washburn & Sharp can help by analyzing the legal elements of car accidents involving minors to determine liability for any resulting injuries or damages. Call us today to schedule your free, confidential legal consultation.
What Is the Family Purpose Doctrine?
The family purpose doctrine states that vehicle owners are responsible for ensuring that family members use their vehicles safely or not at all. When a teen driver causes an accident, their parents may face liability, whether the crash involved the family vehicle or a car the parents gifted to their child.
Unlike many states, however, Virginia does not follow the family purpose doctrine. The state’s courts formally rejected it in the 1938 ruling of Hackley v. Robey.
What Constitutes Negligent Entrustment?
Under the doctrine of negligent entrustment, an injured victim can hold a parent liable for an accident caused by their teenage driver. In contrast to the family purpose doctrine, the negligent entrustment doctrine is recognized by Virginia courts.
According to this doctrine, the owner of a vehicle may be held liable for a traffic accident if they allowed someone to borrow their car, knowing or should have known that it was likely to cause a collision. For instance, if a minor child’s parents suspected or knew their child was not fit to operate a vehicle and allowed them to do so anyway, the parents could be held responsible if the child caused an accident while using the vehicle.
It is worth mentioning that, under the court’s 1992 ruling in Turner v. Lotts, a teen’s driving history in and of itself is not enough to prove parental negligence. Simply put, having previous traffic citations on a child’s record does not automatically make a parent negligent for allowing them to use the family car. An experienced Virginia Beach car accident lawyer can assist you with collecting evidence that disproves negligent entrustment in cases like this.
Are Both Parents Responsible if Their Child Causes a Car Accident?
Which parent is liable for an accident caused by their teen will hinge primarily on which parent entrusted the vehicle to their child. If both parents consented, they can both be held liable. Otherwise, the parent who gave their permission despite knowing their teen was an unsafe driver would face sole liability for negligent entrustment.
What Is the Cohabitation Requirement?
A parent may not be held financially liable for any property damage caused by their teen unless the child lives with them. Under the doctrine of vicarious liability, a parent is generally not held responsible for controlling a child who does not reside in their household.
If the child moves out of the family home or turns 18 before a lawsuit is brought, the parents could still bear responsibility for damages their teenager caused while still living at home. In this scenario, the question then becomes, “Where were the children living at the time the property was damaged?” not “Where were they living when the lawsuit was filed?”
What If the Car Was Taken Without The Parents’ Permission?
Since Virginia doesn’t acknowledge the family purpose doctrine, the parent of a teen driver who causes a car crash while using the family vehicle without permission would most likely not bear any personal liability for the incident.
Will My Insurance Rates Increase If My Teen Causes a Car Accident?
Yes, if your teenager crashes a vehicle that you have insured, you can count on your insurance premiums to go up. Auto insurers turn a profit by minimizing and denying valid claims. Additionally, auto insurance companies will almost always raise a policyholder’s premiums when another driver operating their vehicle causes a crash, even if that other driver is their own child. If the teen driver uses the vehicle regularly but is not named on the insurance policy, the insurer may apply additional fees.
An important exception applies if a child is involved in an accident for which they were not at fault. If the other driver’s insurance covers the expenses, the teen’s parents probably won’t see a rate hike. To avoid financial responsibility for an accident and increased monthly insurance premiums, parents should consult a Virginia Beach car accident lawyer as soon as possible after an accident involving their teenage driver.
Contact a Virginia Beach Car Accident Lawyer Today
The Virginia car accident lawyers at Shapiro, Washburn & Sharp understand how frightening it can be when your teen is involved in a car accident. If the other driver was at fault, they could be liable for paying for your child’s hospital bills and their other damages as well. In one recent success, our team recovered $300,000 for a client injured during a T-bone crash.
To schedule a free case review, call (833) 997-1774 or complete our quick online contact form. If your child has been involved in an accident, our attorneys can guide you through the insurance and liability issues to help protect your family’s financial interests. For the convenience of our clients, our offices are located in Virginia Beach, Hampton, Norfolk, and Portsmouth.
