Teenager Got Into a Car Accident Driving Your Car

Do you lend your car to your teenage child? If so, are you aware of the risks and liabilities that come from that arrangement?

As parents, it’s understandable to want to help children as much as possible, and letting them drive your car may be as common as letting them eat your groceries. That said, no matter how much they may roll their eyes, it’s crucial to go over safety measures. This is especially important, considering that car accidents are the leading cause of death for teenagers. So even if they see it as nagging, they should pay attention if they want those precious keys.

What to Do When Your Teenager Gets Into a Car Accident

Florida Statutes § 322.09 specifically addresses liability in car accidents where the driver is under 18 years of age: Anyone under 18 who applies for a Florida Driver’s License has to include the signature of a parent, or legal guardian. If the teenager subsequently gets into a car accident, responsibility will be imputed to the adult who signed the application. The teen is not off the hook, though. The parent or guardian will be held responsible jointly with the minor.

Now, one of the most beneficial laws for motorists in the state of Florida is Florida Statutes § 627.736. This law, known as Personal Injury Protection (PIP) requires that all insurance companies provide personal injury coverage not only to the named insured but also to relatives who live with the insured as well as anyone who was driving the insured’s car. Coverage is up to $10,000 of medical bills and lost wages, regardless of who was at fault for the accident.

There are a couple of caveats with this law, however:

1. For coverage to apply, you have to file your claim with the insurance company within 14 days of the accident.
2. If damages surpass the $10,000 limit, you’re still likely to find yourself as the defendant in a lawsuit.

There are other things you can do to protect your assets, such as obtaining additional insurance coverage:

Medical Payment Coverage: This type of coverage is commonly known as Med-Pay. While PIP caps at $10,000, it only covers up to 80% of medical bills. If you include Med-Pay on your car insurance policy, it would step in to cover the remaining 20% of medical bills.

Umbrella Liability Coverage: This type of coverage would step in once the policy limits have been reached. It could be used for both injuries and damage to personal property.

If a person were to win a lawsuit against you and there isn’t enough insurance coverage, they could go after your assets. However, it should help you sleep better to know that the Florida Constitution allows for a protection called the homestead exemption, which prevents judgment creditors from being able to place a lien upon your primary residence. That said, they could go after other real estate or personal property.

Call Hartpence Law if You’ve Been in a Car Accident in Tampa Bay

If your teenager has been involved in an accident, call us at (855) 680-4911 or schedule a free consultation. At Hartpence Law, we have experienced attorneys who regularly represent clients involved in motor vehicle accidents, and we can help you determine the best course of action.

Disclaimer: This blog is for informational purposes only and does not create an attorney/client relationship.