Can You Seek Damages From A Minor?
When someone causes a car accident where you are injured, you usually turn to lawyers and insurance companies. A personal injury attorney can seek damages for your property, injuries, medical bills, and even pain and suffering. But what happens when the person who causes the accident is a minor?
In Florida, people can get a driver’s license as young as 16. Although they can operate a motor vehicle with the proper license, they are also minors. Clients who have been injured by minors ask about who will pay for their damages. And parents of these children want to know if they are responsible for accidents caused by their kids.
Car Accidents Caused By Minors
First, you can seek damages even if a minor caused the accident and injury. In addition to the medical bills mentioned above, serious injuries can prevent you from working. Lost wages can have a significant impact on you and your family. Above all else, be assured that there are ways to be compensated for your losses.
You may be quick to ask what happens if the parents are insured. Minors who are driving their parents’ car are most likely covered under their parents’ insurance. That will be covered here as well. There are scenarios in which a minor has his own insurance plan.
In both instances, you (and your attorney) would get compensation by filing a personal injury claim through the at-fault driver’s insurance company. It could be through the insurance provider who covers the parents or the minor. Florida requires parents to sign a form acknowledging their child is 18 and possesses a license. This could make them legally liable for damages caused by their son or daughter.
To be clear, this is only for serious accidents. For minor ones, you will only file through your own insurance company. Florida requires its drivers to have at least $10,000 of personal injury protection (PIP) insurance—and $10,000 in property damage coverage. When anything other than minor accidents, Florida will apply its standard known as comparative negligence. Each driver will be assigned a percentage of fault. And this will impact settlement amounts.
No Insurance
Although Florida requires all drivers to have liability insurance, that doesn’t guarantee that all drivers have it. In which case, they would be driving illegally. If you have been injured by a minor without insurance, you should strongly consider immediately talking to a personal injury attorney.
Depending on what state you live in, there may be limits to how much the parents can pay for your injuries. Although you can take a minor to court, they will not have to pay you damages until they turn 18. Regardless, your attorney can discuss all the legal options available to you.
The Law Office of William C. Robinson
If you have been in a car accident or have suffered another form of personal injury, contact the Law Office of William C. Robinson for a free consultation. With more than 35 years of civil litigation experience, we will seek the compensation you are entitled to under the law.
