An uninsured motorist accident is made more complicated when the driver is a minor and should not have legally been driving. While you may not be able to obtain compensation directly from the driver, you may still be able to recover from his or her parents or auto insurance company. Explained below are tips for suing a minor to recover for the costs and expenses of an auto accident.
Clearly Identify Fault
If you are the party that was responsible for the accident, you should not try to receive compensation by suing the minor driver. Only if it is clear that you were not at fault or less at fault than the minor should you sue for damages. Because of this, it is important that you clearly identify which party is at fault for the accident. You can do this by taking pictures of the damage the accident caused or by ordering a copy of the police report. A ticket that was issued to the minor at the scene of the accident will also assist you in proving fault.
Contact the Police
A minor driving a vehicle is a serious issue and, in some states, may even be criminal. Depending on the child’s criminal history, the child could end up on probation or in a juvenile retention center. Regardless of what happens to the child, however, the parents are the party responsible for any damage or injury their child causes. Therefore, if you believe the driver of the other automobile is a minor, contact the police to the scene of the accident. The police will then contact the child’s parents and obtain the parent’s information.
Uninsured Parents
If the parents have not obtained insurance for their car you will then be facing an uninsured motorist claim. In this instance, you can either sue the parents for compensation or make a claim against your own insurance company for the costs and expenses accumulated from the accident. Sometimes, your insurance company will provide you with money according to the terms of your insurance contract and then proceed against the parents for reimbursement.
The Theory of Parental Responsibility
Parents are held responsible for their children’s behavior because they are in the best position to control and manage the child. A parent that is negligent or fails to control the child and take proper precautions against the child behaving in illegal activities can be held responsible for any damage or injury the child caused.
Get Legal Help
Because of the fact that the driver is a minor and cannot be sued in regular court and because the minor’s parents are responsible for the child’s actions, accidents involving uninsured, minor drivers should be handled by an attorney. An attorney will advise you about the best way to proceed, who to proceed against, and the likelihood of your success.
