QUESTION
Who is legally responsible if a minor gets into a car accident?
Asked on Nov 09th, 2011 on Personal Injury - Montana
More details to this question:
If a minor (42 days away from being 18) chooses to drive a vehicle (registered in the minor's name) without car insurance and without the consent of the parent/guardian - who is legally responsible if the minor is involved in an accident?
17 ANSWERS
Real Estate Litigation Attorney serving Newport Beach, CA
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Fink & Abraham LLP
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The parent is liable.
Answered on Jun 26th, 2013 at 1:48 AM
3 Awards
Both the owner & the minor.
Answered on Jun 26th, 2013 at 1:47 AM
General Practice Attorney serving Indianapolis, IN
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Broad Law Firm, LLC
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In Indiana, the minor is primarily liable, but there is a statute requiring that any minor getting a driver's license must have signed parental consent agreeing to liable for any damage caused by the minor.
Answered on Feb 17th, 2012 at 12:19 PM
Insurance Attorney serving Spokane, WA
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Law Offices of Bodey & Bodey
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The short answer is that the question posed revolves around liability, i.e. who is at fault. Liability does not generally turn on the age of the parties involved. In general, liability would turn, and thus be decided by the specific facts coupled with the driving laws in the state of Washington. For example, if the person of majority (the person 18 and older) ran a stop sign and struck the minor's vehicle, then the person of majority would be at fault. So in relation to your question, please provide additional factual details associated with the collision. This will allow for a determination of fault.
Answered on Nov 17th, 2011 at 12:35 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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How did a car get registered in a minor's name. It should only have been registered in an adult's name. The owner of the car under Florida law is as responsible as the driver.
Answered on Nov 16th, 2011 at 7:31 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Whoever owns the car and whoever permits the car to be used. I assume a parent gave the car to the kid.
Answered on Nov 15th, 2011 at 10:21 PM
Personal Injury Attorney serving West Palm Beach, FL
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Personal Injury Law Offices of Joseph I. Lipsky
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Florida Law holds that the parent or guardian who signed the driver's license application may be liable for the damages caused by a minor's negligent operation of a motor vehicle.
Answered on Nov 15th, 2011 at 1:27 PM
Personal Injury (Plaintiff) Law Attorney serving Wheaton, MD
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The Law Offices of Paul A. Samakow, P.C.
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How is it that the minor has a car registered in his name without insurance? The parent and the minor are both responsible if the minor lives at home. If the minor is "emancipated", then the minor is solely responsible.
Answered on Nov 15th, 2011 at 12:39 PM
Steven D. Dunnings
You are. A minor cannot legally own a vehicle.
Answered on Nov 15th, 2011 at 10:12 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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It may depend on how the minor got access to the car. If the parents provided the car to the minor for the convenience of the family, the parent who provided the car may be liable under a law known a sthe family purpose doctrine. If the parents were negligent in entrusting the car to the minor, the parents would be liable. Negligent entrustment is difficult to prove, and if the minor was driving without permission, this is inconsistent with negligent entrustment. If the Family purpose doctrine does not apply, the minor would be the liable party.
Answered on Nov 15th, 2011 at 10:12 AM
The minor's parents usually are unless the minor is emancipated. You should consult with an accident attorney for specific legal advice if you are the parent of the minor who caused the accident.
Answered on Nov 15th, 2011 at 9:14 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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It is the minor who is legally responsible because its his car. He does not need the consent of anyone else to drive his own car.
Answered on Nov 15th, 2011 at 9:09 AM
So long as the parent's name isn't on the title of the car, it's the minor who is legally responsible.
Answered on Nov 15th, 2011 at 8:56 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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The owner and operator of the car.
Answered on Nov 15th, 2011 at 1:36 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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The minor and the owner of the car if he drove with the owner's permission. Note that the owner and the registrant can be two different people.
Answered on Nov 15th, 2011 at 1:08 AM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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In Michigan, the owner is responsible for the vehicle. If it is the minor's car, it is the minor's responsibility. The failure to carry auto insurance is a crime in the State of Michigan as it is mandatory. You do not mention if there was personal injury or not. The minor would be responsible for the personal injury if any.
Answered on Nov 14th, 2011 at 9:58 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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The minor, unless the parents actually assisted the minor in driving without insurance. This is a good time for the minor to learn that driving without insurance is stupid as well as costly.
Answered on Nov 14th, 2011 at 9:07 PM