Can You Sue a Minor for a Car Accident in California?
November 1, 2024 Posted In Car Accidents,Uncategorized
In California, minors cannot be sued directly in the same way as adults. However, they can be held responsible for a car accident using other legal avenues.
Understanding Minor Liability
California law generally views minors as having limited legal capacity. However, minors can still be considered responsible for negligent actions, including causing a car accident. In such cases, the car accident liability usually falls to the parents or guardians, who may be required to pay damages on behalf of their minor child.
Filing a Claim Against the Minor’s Insurance Policy
In most cases, minors will be covered under an auto insurance policy, either through their own or as an added driver on their parents. If the minor caused the accident, the insurance policy should be the primary source of compensation for damages. You can file an injury claim with the minor’s insurer just as you would in any other accident. The insurance company should provide coverage up to the policy limits.
Suing the Parents or Guardians
If the damages exceed the insurance policy limits or if there are complicating factors, it may be necessary to pursue a claim directly against the minor’s parents or guardians. California laws make it possible to hold parents liable for the actions of their child in an accident. Here are some scenarios where this may apply:
Negligent Entrustment
If the parents knowingly allowed their child to drive when the child was unlicensed, underage, or had a history of reckless driving, they might be found liable under the doctrine of negligent entrustment. This means the parents could be held responsible for allowing the minor to drive despite knowing it could pose a risk to others.
Financial Responsibility
In California, when a parent signs a minor’s driver’s license application, they assume liability for damages caused by the minor in an accident. This legal responsibility is another pathway through which parents may be held accountable if the minor causes an accident.
Legal Limits and Considerations
California law does impose certain limits on parental liability. For instance, parents can only be held financially responsible for specific types of damages and up to a certain amount, typically governed by the extent of the damages and their insurance coverage.
If the minor was operating the vehicle without permission (e.g., took the car without parental consent), proving liability may be more complex. A minor driving without parental consent might still lead to parental liability if it can be argued that the parents were negligent in their oversight. A Riverside car accident attorney can help clarify these details and determine whether suing the parents or seeking other compensation is viable.
Why Hiring a Lawyer is Critical
Pursuing a lawsuit involving a minor can be complex, especially with various legal nuances around liability, parental responsibility, and insurance coverage. Consulting an experienced Riverside personal injury attorney can help you navigate this process, determine whether a claim against the minor’s insurance or guardians is feasible, and outline the best steps for securing the compensation you are owed.