When a car accident happens, determining who is at fault is crucial when it comes to legal claims. However, if the responsible party is a minor, the situation can complicate things. This article aims to discuss what happens if the at-fault party is a minor.
Table of Contents
An Overview of Minor At-fault Party
A minor is someone who is under the age of 18 years old. The law considers them not mature enough to understand the consequences of their actions or fully understand the legalities of the events that took place. Suppose a minor causes a car accident. In that case, the legal implications can be daunting, not only for them but also for their parents or guardians.
Liability Insurance Coverage
If the at-fault party is a minor, the owner of the car that the minor was driving at the time of the accident is liable. They will be responsible for any damages or injuries caused by the accident. Liability insurance covers the cost of any damages incurred in the accident, but the insurance company might refuse to defend a claim if the driver is a minor.
Parental Responsibility
Although a minor might have caused the accident, their parents or guardians are responsible for any damages caused by the accident. The reason is that the law assumes that a minor is still under their parents’ care and control. Therefore, if the minor involved in an accident does not have liability insurance coverage, the parents or guardians will bear the cost.
Filing a Lawsuit Against the Minor
If someone wants to sue a minor for a car accident, the process might be different from a lawsuit against an adult. First, the plaintiff will have to sue the minor’s parent or legal guardian because the minor cannot be sued. The parents or guardians will have to appoint an attorney to represent the minor in court because they are still responsible for their actions.
Statute of Limitations
The statute of limitations regarding car accidents involving minors varies from state to state. In some states, the injured party has two years from the date of the accident to file a claim. In other states, the time limit might be slightly different, and it is vital to familiarize oneself with the procedure in the specific state.
Conclusion
Car accidents involving minors can have severe repercussions, both for the minor and their parents or guardians. It is essential to have liability insurance coverage to protect oneself from financial liabilities. In addition, the legal implications of such an event can be complex, and it is, therefore, crucial to appoint an attorney to represent the minor.