Exploring Legal Options If Your Teenager Is Injured While Driving a Friend’s Car

What If Your Teen Is Injured While Driving a Friend’s Car?

When your teenager borrows a friend’s car and ends up in an accident, you may experience a whirlwind of emotions—concern for their safety, anxiety about potential legal consequences, and confusion over liability. With answers from a Nevada teenage car accident lawyer, you’ll have the information you need to navigate this challenging situation.

How Does Teen Driver Liability Work?

In Nevada, the law holds drivers accountable for their actions on the road, regardless of age. In the case of drivers under 18, parents share the liability. Here are the factors at play if your teenager causes an accident while driving a friend’s car:

• Driver liability: Your teenager is primarily responsible for their driving behavior. If found negligent, they—and, by extension, you—could be liable for damages.
• Vehicle owner liability: The person who owns the car might also bear some responsibility, especially if they knowingly allowed an inexperienced or unlicensed driver to use their car.

Parental Responsibility After a Teen Crashes

Parents are legally responsible for their children’s negligence or willful misconduct, including causing a car accident. Your liability after a teenage driving accident depends on these circumstances:

• Signed license application: In Nevada, parents or guardians must sign their minor child’s driver’s license application. By doing so, you’re accepting responsibility for any negligence or willful misconduct your teen commits while driving.
• Negligent entrustment: If you permit your teen to drive knowing they are reckless, unlicensed, or unfit, you could be liable under negligent entrustment.

Auto Accident Legal Claims for Minors

When a minor is involved in an auto accident, a parent or guardian can file a personal injury claim on their behalf to seek compensation for medical expenses, pain and suffering, and other related damages. In Nevada, personal injury claims generally have a two-year statute of limitations. However, minors have two years or until they turn 20, whichever period is longer, to file a claim.

Example Scenarios and Legal Insights

Consider these hypothetical examples to shed light on your real-life situation:

• Scenario #1: Your 17-year-old daughter has permission to borrow her friend’s car and gets into an accident. Since your daughter is a minor, you could be held liable for the damages resulting from her negligence.
• Scenario #2: Your 16-year-old son, who doesn’t have his license yet, takes a friend’s car without permission and is involved in a collision. In this case, your son could face charges for unauthorized use of a vehicle. Liability for damages may fall primarily on him, but you might still bear some responsibility as his parent.
• Scenario #3: Your teen is known for driving recklessly. Despite this, a friend’s parent allows your teen to drive their car, and they end up causing an accident. The vehicle owner could be held partially responsible under negligent entrustment if they knew about your teen’s reckless tendencies yet still permitted them to drive the car.
• Scenario #4: Your 16-year-old son is driving his friend’s car and gets rear-ended at a stoplight. Since the other driver is at fault, you can file an auto accident legal claim for minors on behalf of your son. The other driver’s insurance should cover medical costs, lost wages (if your son has a part-time job), and pain and suffering.
• Scenario #5: Your teenage daughter is driving her friend’s car with permission when she loses control on a wet road and crashes. Since she’s at fault, your health insurance will likely need to cover her medical bills unless you or the friend has MedPay coverage. The friend’s car insurance will only cover the vehicle damage if they have collision coverage. Otherwise, the parents might demand that you pay for the repairs.

Insurance Considerations

When your teenager is in an accident while driving someone else’s car, whose insurance pays? The answer depends on several factors, including the policies involved and who is at fault:

• Primary coverage (the car owner’s insurance): In most cases, auto insurance follows the car, not the driver. This means the friend’s insurance policy will typically be the first to cover damages. If the accident was your teen’s fault, the friend’s liability coverage may pay for injuries and property damage.
• Secondary coverage (the teen’s parent’s auto policy): If damages exceed the friend’s insurance limits, your own family auto policy might come into play. Some policies provide secondary liability coverage if your teen was a permissive driver (meaning they had permission to use the car). However, not all policies extend coverage to vehicles not owned by the insured, so review your plan carefully.
• Uninsured/underinsured motorist (UM/UIM) coverage: If your teen was not at fault but the other driver lacked insurance, UM/UIM coverage from the car owner’s policy—or your own—should cover medical expenses.
• Potential out-of-pocket costs: If neither policy covers all damages, the friend’s family might come after you for payment. Consult a Nevada teenage car accident lawyer before agreeing to a settlement.

Preventative Measures for Parents

Teenage drivers aren’t exactly known for their careful decision-making. While you can’t control everything, you can take these steps to reduce the chance of an accident:

• Set clear driving rules: Talk to your teen about when and where they can drive and whose vehicles they’re allowed to use.
• Teach them about liability: Explain how auto insurance works and what happens if they cause a crash in someone else’s car. A little education now promotes smart decisions later.
• Encourage safe driving habits: Discuss the importance of obeying the speed limit and not driving distracted. Consider using an app to monitor your teen’s driving behavior.
• Review your insurance policy: Check for adequate coverage and ensure your teen is listed on the policy. Also, find out whether non-owned vehicles are covered. If not, you could be liable if your teen causes an accident while driving a friend’s car.

Consult a Nevada Teenage Car Accident Lawyer

If you’re facing legal questions after your teen’s recent car accident, turn to Carvalho & Associates Attorneys at Law for advice. We have over 30 years of experience in personal injury law and are available 24/7 to assist you. Call today to schedule a free initial consultation at our Las Vegas office.