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


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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At David Marks Law, we are devoted to achieving the best possible result for our clients in each and every case. Whether that means reaching an early settlement with the insurance company or taking your auto accident case all the way through a jury trial, we work with our clients to understand their wants and needs and to implement a plan to achieve those goals.