I was hit by a teenaged driver – do I have a claim or a lawsuit against her parents?

Answer:

Probably not.

In Virginia, have a claim against the negligent teenaged driver after an auto accident, but not her parents. This is true even if the teenaged driver was unlicensed or still driving with a learner’s permit.

Of course, there are exceptions to this rule: if a drunk teenager asks her parents for the family car and they toss her the keys and tell her to have a good time and she goes out and crashes the car, you might have a claim against the parents under a negligent entrustment theory of law. But it’s hard to imagine that set of facts ever occurring in Virginia.

This does not mean that you cannot bring a claim against the parent’s insurance company, however. In most cases, the child is either a named insured on the policy or was driving a car covered by the parent’s insurance policy and so would benefit from their coverage.

If you have been in an auto accident with a teenage driver and are interested in talking to us more about the potential issues that might arise during the claims process or after a lawsuit is filed, please give us a call at (703) 385-1100.

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No matter what you are going through, we are here to help. Timing is critical, so contact us as soon as possible to tell us what happened.

 

Law Offices of David L. Marks
10513 Judicial Drive, Suite 204
Fairfax, VA 22030
703-385-1100
703-385-1983 fax

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