By Julie A. Lorincz, Personal Injury Attorney
Gallon, Takacs & Boissoneault
Serving Clients Across Northwest Ohio, Southeast Michigan, and Northeast Indiana
If you were injured in an accident caused by a teenage driver, or your child was injured while riding with a teen driver, you may be wondering whether the driver’s age changes your ability to recover compensation.
A 16 or 17-year-old may not have significant assets of their own, but that does not mean there is nowhere to turn after a serious accident. Depending on where the crash occurred and the circumstances involving the driver, vehicle, and insurance coverage, other people or insurance policies may also be responsible.
That is why one of the first questions after a teen driver accident should not simply be, “Can the teenager pay for my injuries?”
The better question is: Who may be legally responsible, and what insurance coverage may be available?
“When a teenage driver causes an accident, injured people should not assume that the teenager is the only person who may be responsible. Ohio law provides several potential avenues for pursuing compensation, and determining who may be legally responsible requires looking at the circumstances surrounding the driver, the vehicle, and the insurance coverage.”
Julie A. Lorincz, Personal Injury Attorney, Gallon, Takacs & Boissoneault, Serving Clients Across Northwest Ohio, Southeast Michigan, and Northeast Indiana
The answer can also be different depending on whether the accident happened in Ohio or Michigan. Both states have laws that may affect liability and insurance coverage after an accident involving a teenage driver.
Who Is Responsible When a Teen Driver Causes an Accident?
The teen driver may be responsible for the accident, but the investigation should not stop there.
A teen may cause a crash by speeding, running a red light, failing to yield, following too closely, or driving distracted. The National Highway Traffic Safety Administration identifies speeding and distracted driving as major risks for teen drivers. If a teen’s negligence causes a crash, the injured person may have a personal injury claim.
Other questions also matter.
Who owned the vehicle? Did the teen have permission to drive it? Was the teen properly licensed? Who signed the license application? What insurance policies apply? Did the vehicle owner know about past unsafe driving?
The state matters too. Ohio and Michigan take different approaches to liability when a teen driver causes a crash. Ohio Revised Code 4507.07 can make the adult who signed a driver’s license or permit application for a minor under 18 jointly and severally liable with the teen.
Michigan takes a different approach. Under MCL 257.401, a vehicle owner may be liable when someone negligently drives the vehicle with the owner’s express or implied consent or knowledge.
These details can help identify who may be responsible and what compensation may be available.
What Is Vicarious Liability in a Teen Driver Accident?
The law differs by state.
In Ohio, Ohio Revised Code 4507.07 can impute a driver’s negligence under 18 to the adult who signed the minor’s driver’s license or permit application. That adult may be jointly and severally liable with the teen.
In Michigan, MCL 257.401 can make a vehicle owner liable when the vehicle was negligently driven with the owner’s express or implied consent or knowledge.
For someone injured by a teen driver, this matters because your claim may extend beyond the teenager behind the wheel.
What If You Were a Passenger in the Teen Driver’s Car?
This often involves another teenager. A parent may get a call that their son or daughter was hurt while riding with a friend. Suddenly, there are questions about medical bills, insurance, and who is responsible.
Being friends with the driver does not prevent an injured passenger from having a claim.
In Ohio, if the teen driver was negligent, an injured passenger may have a claim against the driver and other responsible parties. If the driver is under 18, Ohio Revised Code 4507.07 may also make the adult who signed the teen’s license or permit application jointly and severally liable.
In Michigan, an injured passenger may also qualify for Personal Protection Insurance, or PIP, benefits. MCL 500.3105 addresses PIP benefits for injuries arising from the use of a motor vehicle. Michigan also uses specific priority rules to determine which insurer must pay an injured occupant’s PIP benefits under MCL 500.3114.
A Michigan passenger may also have a separate claim against an at-fault driver or another responsible party. MCL 500.3135 explains when an injured person may pursue tort damages after a motor vehicle accident.
If your child was seriously injured while riding with a teenage friend, do not assume there is no claim. The cause of the crash, the available insurance, who owned the vehicle, and where the accident happened can all affect the case.
Can a Parent Be Responsible for a Teen Driver Accident in Ohio?
Yes, under certain circumstances.
Ohio does not automatically make a parent responsible for every crash caused by their child. Instead, state law focuses on drivers under 18 and the adult who signed the minor’s license or permit application.
Under Ohio Revised Code 4507.07, a minor’s negligence or willful or wanton misconduct can be imputed to the person who signed the application. That signer can be jointly and severally liable with the teen for damages caused by the crash.
For someone injured by a 16 or 17-year-old driver, this can be important.
The teen may have little income or property. But your claim may also involve the adult who signed the teen’s license or permit application.
This law applies to drivers under 18. It does not create the same form of liability when the at-fault driver is already 18 or 19.
Why Does the Teen’s License Application Matter in Ohio?
Because the adult who signed it may also be legally responsible for the crash.
The signer, vehicle owner, and person named on the insurance policy may be different people. That is why we need to identify each one rather than assume the teen is the only person involved.
Under Ohio Revised Code 4507.07, the adult who signed a minor’s license or permit application can be jointly and severally liable for damages caused by the teen’s negligence.
Ohio law does provide an exception. The signer may avoid this imputed liability if the minor has proof of financial responsibility that meets Ohio law.
For an injured person, the key point is simple:
The teen’s personal finances do not determine whether compensation is available.
The claim may involve another responsible person and more than one source of insurance coverage.
What If the Teen Was Driving a Parent’s or Someone Else’s Car in Ohio?
Vehicle ownership can matter in Ohio, but owning the car does not automatically make someone responsible for the crash.
A separate claim called negligent entrustment may apply in some cases.
Negligent entrustment can occur when a vehicle owner lets someone drive despite knowing, or having reason to know, that the person is not qualified or safe to drive.
For example, did the teen have a valid license? Did the owner know about past dangerous driving? Had the teen been told not to drive? Were there other warning signs?
Ohio also has a wrongful entrustment law that prohibits an owner or person in control of a vehicle from allowing certain unlicensed, suspended, or otherwise prohibited drivers to operate it. See Ohio Revised Code 4511.203.
A teen’s age alone does not automatically make the vehicle owner responsible.
For someone who was injured, the key questions are simple: Who owned the vehicle? Who allowed the teen to drive it? And what did that person know before the crash?
What If a Teen Driver Causes an Accident in Michigan?
Michigan handles vehicle owner liability differently from Ohio.
Under MCL 257.401, a vehicle owner can be liable when someone negligently drives the vehicle with the owner’s express or implied consent or knowledge. The law also presumes consent or knowledge when certain immediate family members are driving.
For an injured person, this makes vehicle ownership important.
If a teen injures you in Monroe, Temperance, Lambertville, Dundee, or elsewhere in Southeast Michigan, we need to know who owned the vehicle and whether the teen had permission to drive it.
The teen’s age does not end the investigation. The claim may also involve the vehicle owner and available insurance coverage.
How Does Michigan No Fault Insurance Affect an Injury Claim?
Michigan’s no fault system adds another layer to a teen driver accident claim.
Michigan Personal Protection Insurance, or PIP, can pay certain benefits regardless of who caused the crash. MCL 500.3105 covers accidental bodily injuries connected to the ownership, operation, maintenance, or use of a motor vehicle.
This can be especially important for an injured passenger.
Michigan also has rules that determine which insurer must pay PIP benefits. MCL 500.3114 sets the order of priority for an injured motor vehicle occupant.
But PIP benefits and a claim against the at-fault driver are not the same thing.
MCL 500.3135 addresses when an injured person may pursue damages from an at-fault person, including noneconomic losses, when the legal requirements are met.
So if a teen driver injured you in Michigan, “Michigan is a no-fault state” does not mean you have no claim against the person who caused the crash. Your PIP benefits and your potential claim against an at-fault party must be evaluated separately.
What If the Teen Was Driving a Grandparent’s or Friend’s Vehicle?
Teenagers do not always drive a parent’s car. They may borrow a vehicle from a grandparent, sibling, or friend.
When that happens, we need to look beyond the teen driver.
Who owned the vehicle? Did the teen have permission to drive it? What insurance covered the car? Could the owner or another person also be responsible?
In Ohio, the Ohio Department of Insurance Automobile Insurance Guide explains how auto insurance coverage works and why the actual policy matters when someone else drives the vehicle.
Michigan also requires specific auto insurance coverages, including PIP and bodily injury/property damage liability coverage. The Michigan Department of Insurance and Financial Services provides consumer guidance on Michigan auto insurance coverage and PIP benefits.
If the accident happened in Michigan, vehicle ownership and permission can also affect who may be legally responsible under Michigan’s owner liability law.
For someone who was injured, the name on the vehicle title matters, but it is only one part of the investigation.
What If the Teen Driver Does Not Have Enough Insurance?
Do not assume that limited insurance in the teenager’s name means there is no meaningful injury claim.
This is one of the biggest misconceptions people can have after being injured by a young driver.
Other automobile insurance policies may need to be reviewed. The vehicle may be insured by a parent, grandparent, or another owner. Another person may potentially share legal responsibility. Coverage under the injured person’s own automobile policy may also become relevant depending on the circumstances.
When injuries are serious, identifying every potential source of coverage becomes especially important.
Medical treatment, surgery, rehabilitation, time away from work, and other losses can add up quickly. Before accepting a settlement, an injured person should understand what insurance is available and what claims will be resolved by signing a release.
What Evidence Matters After an Accident With a Teen Driver?
Teen driver accidents can become disputed liability cases just like crashes involving adult drivers.
The teenage driver may say you pulled out in front of them. You may believe the teen was speeding. A passenger may have seen the teen looking at a phone immediately before the crash.
Evidence can help establish what actually happened.
Important evidence may include:
- Police reports and witness information
- Photographs of the vehicles and accident scene
- Surveillance or dash camera footage
- Vehicle ownership and insurance information
- Medical records and bills
- Documentation of lost income
Cellphone records may also become relevant when distracted driving is suspected.
Some evidence does not remain available forever. Surveillance recordings can be overwritten, vehicles can be repaired, and witnesses become more difficult to locate as time passes.
Preserving evidence early can be especially important when the cause of an accident is disputed.
What Should You Do After Being Hit by a Teen Driver?
Start with your health.
If you are injured, seek appropriate medical attention and explain how your injuries occurred. Some injuries are obvious at the scene. Others may become more noticeable during the hours or days that follow.
Then preserve the information you have.
Keep photographs, insurance information, medical records, bills, repair documents, employment records, and communications from insurance companies.
If witnesses saw what happened, keep their contact information.
If your child was the passenger who was injured, gather the information you can about the vehicle, the driver, where the accident occurred, and any other people who were in the car.
And do not assume the insurance company has identified every potentially responsible person or insurance policy simply because a claim has already been opened.
Your personal injury claim may require a broader investigation.
What If the Insurance Company Says the Teen Is the Only Responsible Party?
An insurance company may focus on the teen driver and one insurance policy. Your injury claim may involve more.
In Ohio, we may need to identify who signed the minor’s license application. Ohio Revised Code 4507.07 can make that signer jointly and severally liable with a driver under 18. Vehicle ownership and negligent entrustment may also matter.
Michigan follows different rules. Under MCL 257.401, a vehicle owner may be liable when someone negligently drives the vehicle with the owner’s express or implied consent or knowledge.
The key point is simple: do not assume the first person or insurance policy identified is the only potential source of recovery.
Common Mistakes That Can Hurt Your Case
One of the biggest mistakes after a teen driver accident is assuming there is no meaningful claim because the person who caused the crash is only 16 or 17 years old.
Other mistakes can include:
- Assuming the teenager is the only potentially responsible person
- Failing to identify all applicable insurance policies
- Waiting too long to seek appropriate medical treatment
- Failing to preserve photographs, video, or witness information
- Giving a recorded statement without understanding how it may be used
- Accepting an early settlement before understanding the extent of the injuries and available coverage
These mistakes do not automatically mean a personal injury claim is lost.
But getting accurate information early can help you make decisions based on the facts rather than assumptions about the teen driver’s age or finances.
Attorney Insight: Do Not Assume There Is Nothing to Recover
“One of the biggest mistakes we see is when someone assumes that because the at fault driver is a teenager, there is nothing meaningful they can recover. The driver’s age does not answer the questions of liability, insurance coverage, or damages. Those questions need to be evaluated based on the facts of the particular accident.”
Julie A. Lorincz, Personal Injury Attorney, Gallon, Takacs & Boissoneault, Serving Clients Across Northwest Ohio, Southeast Michigan, and Northeast Indiana
That is really the heart of the issue.
If you were injured, you should not have to guess what insurance may apply simply because a teenager caused the accident.
The teen’s age, who owned the vehicle, who permitted to drive, who signed a minor’s license application, the available insurance coverage, where the accident happened, and the severity of the injuries may all affect the claim.
The same is true if your son or daughter was an innocent passenger in the teen’s vehicle.
Every case needs to be evaluated based on its own facts.
Frequently Asked Questions About Teen Driver Accidents
Can I recover compensation if a 16 or 17-year-old caused my accident?
Potentially, yes. The driver’s age does not prevent an injured person from pursuing a personal injury claim. Depending on the circumstances, insurance coverage and other legally responsible parties may also be involved.
Can my child have a claim if they were a passenger with the teen driver?
Potentially, yes. A passenger who is injured because of a driver’s negligence may have a personal injury claim even when the passenger and driver are friends. When the injured passenger is a minor, a parent may need to take steps on the child’s behalf. The available claims and insurance coverage will depend on the circumstances and whether the accident occurred in Ohio or Michigan.
Can the teen’s parents be responsible in Ohio?
Possibly. Ohio Revised Code Section 4507.07 can impose joint and several liability on the person who signed the license or permit application of a driver under 18, subject to the statute’s requirements and financial responsibility exception.
Can the owner of the car be responsible in Michigan?
Potentially. Michigan law provides for vehicle owner liability when a vehicle is negligently operated with the owner’s express or implied consent or knowledge.
What if the teenager was driving someone else’s car?
The teen may still be responsible for negligent driving, but vehicle ownership, permission to drive, applicable insurance, and the law of the state where the accident occurred may also affect the claim.
Does Michigan no fault mean I cannot make a claim against the teen driver?
No. Michigan’s no fault system provides certain PIP benefits without regard to fault, but Michigan law also permits tort claims in qualifying circumstances. The nature of the injuries and damages being pursued can affect what claims are available.
How Can a Personal Injury Lawyer Help After a Teen Driver Accident?
Injured by a Teen Driver? Know Your Legal Rights
Being injured in an accident caused by a teenage driver can raise questions you may not have expected.
You may know exactly who caused the crash but have no idea whose insurance should pay. You may worry that because the driver is only 16 or 17, there is no realistic way to recover compensation.
Or you may be the parent of a teenager who was simply riding with a friend and is now dealing with serious injuries.
Do not assume there is nowhere to turn.
Teen driver accidents can involve the driver, the adult who signed a minor’s license application, a vehicle owner, and one or more insurance policies depending on the circumstances and where the accident occurred.
Call Gallon, Takacs & Boissoneault at 419-843-6663 for a free consultation.
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