Can I Be Sued for a Car Accident My Son Did Before He Was 18?

When a teenager accidentally causes a car accident before reaching the age of majority, the question often arises: Can I be sued by the other party, and will my insurance company step in?

Liability Insurance and Legal Representation

The answer initially revolves around your insurance policy. When a car accident occurs, the insurance company represents you in cases involving civil litigation. After reaching a settlement amount with the other party, it pays up to the policy's limits. However, this does not extend to criminal proceedings, which are handled separately.

Personal Involvement and Potential Suit

In many cases, you might be personally involved, but this is not necessarily a cause for alarm. If your insurance company is aware that your son, as a minor, was responsible for the accident, they will defend you against the civil claims. Legal representation stops at the policy limits, and if the claim exceeds these limits, the situation becomes more complex.

Permission to Drive and Named Insured Status

Was your son allowed to drive the car, or was he listed as a named insured on your policy? If you gave your son permission to drive, your insurance should cover the incident. If you named him on the policy for insurance purposes, your liability is essentially the same.

Should the damages exceed the policy limits, another layer of insurance might come into play. An umbrella policy, for instance, can provide additional coverage in excess of the auto policy’s limits. But if you’re still facing a shortfall, the responsible party (in this case, you) may be sued for the excess.

The Role of Umbrella Insurance

For those who have umbrella policies, it's essential to understand that they provide broader coverage. If the damages exceed your auto policy's liability limits, an umbrella policy can step in to cover the additional costs. However, you'll need to have such a policy in place beforehand to benefit fully.

Legal Action Against Insurer and Insured

In states where the statutory minimum insurance coverage may be inadequate (such as California, with a minimum of $5,000), suing the insured (your son) and their insurer can be a strategic move. This approach ensures that the insurance cannot avoid liability by claiming it isn't responsible. Moreover, it provides the victim with the potential to recover more than the policy limits.

Additional Tips for Handling Claims

When dealing with claims, it's important to remain informed. Accepting an insurance settlement does not preclude the victim from pursuing legal action against the insured. You can remind claimants that they retain their rights to sue the insured if the insurance limits are insufficient. Emphasize the importance of increasing insurance coverage to avoid such scenarios in the future.

Conclusion: You can indeed be sued when a teenage driver causes an accident. However, with the right insurance and representation, you can navigate these challenges more effectively. Always consider the potential for additional coverage and stay abreast of legal developments to protect yourself and your insurance interests.