Teen Accidents: Are Mom and Dad Responsible?

Back to School marks a busy driving season for many high school students across the country. The time may come when Junior will ask Mom and Dad for the use of their nice car to impress his friends--the Mustang, perhaps, or Dad's new Porsche?

Although one may be tempted to give older children anything they ask for while they navigate the rigors of the academic year, it is wise to be wary of such a generous favor. If a child is involved in a car accident that causes damage, half of the states in the country apply what is known as "the family car doctrine."

The family car doctrine is an extension of a legal concept known as vicarious liability. A parent is vicariously liable for any damage caused to public or private property by the hand of his or her child. For example, if Junior decides that egging a neighbor's house is a good way to spend an evening, Mom and Dad will be held responsible for picking up the tab on any damage done to the neighbor's home.

Similarly, the family car doctrine states that parents will be held vicariously liable if their son or daughter is involved in an automobile accident in the family car if the parent knowingly loaned the car out. It is wise to have Junior on the family's auto insurance policy to avoid paying all damage out of pocket, as insurance companies rarely let parents use the uninsured motorist part of their policy to cover damage done by a child not covered on the policy.

Parents who decide to loan the family car out to a son or daughter this school year must make sure he or she is insured, and should be aware of the risks involved in the gesture. In the unfortunate event that your son or daughter is involved in an accident in the family car, it is best to call an experienced motor vehicle injury attorney to discuss your options.