Virginia law holds people accountable for their own conduct. Following that principle, parents are usually not personally responsible for car accidents caused by their children. As with any rule, exceptions exist, such as when a parent negligently hands the keys to an inexperienced or reckless child. And while parents are not typically liable in their own right, their auto insurance policies generally are, which means a crash can still hit the family’s wallet through higher premiums. If your teenage driver was involved in a crash, a Norfolk car accident lawyer can analyze the legal elements to determine who is liable for any resulting injuries or damages.
Virginia Does Not Follow the Family Purpose Doctrine
In some states, a rule called the family purpose doctrine holds that whoever owns a vehicle is responsible for making sure family members use it safely, and makes the owner liable when a family member causes a crash in the family car or a car the owner provided. Under that rule, a teen’s accident could expose the parents to liability simply because of the family relationship.
Virginia does not follow this doctrine. The state’s courts formally rejected it in the 1938 decision of Hackley v. Robey, and they have reaffirmed that position ever since. In Virginia, the parent-child relationship by itself does not make a parent liable for a child’s negligent driving. That rejection significantly protects Virginia parents and shapes everything else about these cases.
What Negligent Entrustment Means
The main way an injured victim can hold a Virginia parent liable for a teen’s crash is through a different doctrine called negligent entrustment. Unlike the family purpose doctrine, Virginia courts recognize negligent entrustment.
Under this theory, a vehicle owner can be held liable for a crash if they let someone borrow the car when they knew, or should have known, that the person was an unfit driver likely to cause a collision. Applied to a family, if a parent knew or suspected that their child was not fit to drive safely and allowed them to drive anyway, the parent can be held responsible when the child causes a crash. The injured victim must also show that the negligent entrustment was a proximate cause of the accident.
This doctrine has an important limit. Under the Virginia Supreme Court’s 1992 decision in Turner v. Lotts, a teen’s driving history by itself is not enough to prove parental negligence. Prior traffic citations on a child’s record do not automatically make a parent negligent for letting that child use the family car. The victim has to show more. A Norfolk car accident lawyer can help gather the evidence needed either to establish negligent entrustment or, from the parents’ side, to disprove it.
Are Both Parents Liable?
When negligent entrustment is in play, liability turns primarily on who entrusted the vehicle to the child. If both parents consented to the child using the car, both can be held liable. If only one parent gave permission despite knowing the teen was an unsafe driver, that parent alone would face liability for the negligent entrustment.
The Cohabitation Question
Where the child lives can matter too. A parent generally is not held financially responsible for property damage caused by a child who does not reside in their household, since the rationale for holding a parent accountable weakens when the parent no longer shares a home with the child.
One point often causes confusion. If the child later moves out of the family home or turns 18 before a lawsuit is filed, the parents can still be responsible for damage the teen caused while the child lived at home. The question is where the child was living at the time of the crash, not where they were living when the lawsuit was brought.
What If the Car Was Taken Without Permission?
Because Virginia does not recognize the family purpose doctrine, a parent whose teen takes the family vehicle without permission and causes a crash most likely will not be personally liable for that accident. Without permission, there is no entrustment, and without the family purpose doctrine, there is no liability based on ownership alone.
Will Your Insurance Rates Go Up?
In most cases, yes. If your teenager crashes a vehicle you insured, expect your premiums to rise. Insurers almost always raise a policyholder’s rates when another driver operating their vehicle causes a crash, even when that driver is the policyholder’s own child. If a teen regularly drives the vehicle but isn't named on the policy, the insurer may add fees.
There is one helpful exception. If your child is involved in a crash they did not cause, and the at-fault driver’s insurance covers the damages, you probably will not see a rate increase. This is one reason it pays to establish fault clearly and early, which is where an attorney can help.
How We Can Help
When your teen is hurt in a crash caused by someone else, that other driver may be responsible for your child’s medical bills and other damages. Proving fault and defeating any attempt to shift blame onto your teen is central to protecting your family’s finances. We handle that investigation and deal with the insurers on your behalf.
Our results reflect that work. In one matter, we obtained a $235,000 settlement for a client who suffered a concussion, soft-tissue injuries, and a facial laceration when another driver failed to yield the right of way. Results depend on the specific facts of each case, but an outcome like that reflects the care we bring to proving fault and documenting a client’s injuries.
Teen Involved in a Crash? Contact Us Today
If your teenager has been involved in a car accident, a Norfolk car accident lawyer at Shapiro, Washburn & Sharp can guide you through the insurance and liability questions and work to protect your family’s financial interests. Contact us at 833-997-1774 for a free case review, or complete our online contact form. We have offices in Virginia Beach, Portsmouth, Suffolk, Hampton, Norfolk, and Chesapeake, and we are ready to put our experience to work for you and your family.
