You may be able to sue a minor for a car accident in Connecticut, depending on their age, the judge’s ruling, the extent of negligence, and whether the parents are ultimately responsible.
To understand your options and how to proceed, consult an experienced Waterbury car accident lawyer before pursuing a claim.
Suing Minors for a Car Accident in Connecticut
When it comes to suing a minor for a car accident, judges or juries decide on a case-by-case basis whether minors under 16 years of age are in violation of a statutory duty that may not allow a victim to proceed with a lawsuit. The minor’s violation, capacity, and impact on the resulting accident will all be considered when determining how a victim may proceed.
However, drivers are typically at least 16 years old, so this rule may not apply to the majority of car accident cases. In these situations, a car accident victim may be able to file a claim with the minor’s insurance policy. If a minor is on their parents’ insurance policy, then the liability may fall on the parents. There may also be other situations in which a parent may assume responsibility for a minor’s collision.
Lawyers review the details of the accident and provide clarity on your options for recovering losses caused by a minor driver. While these cases are much more complicated, you generally still have recovery rights even if they look different than what they normally would after a car accident.
Filing an Insurance Claim Against a Minor
Even minors must meet Connecticut’s state minimum auto insurance requirements to operate a vehicle. This ensures they have coverage to pay for the damages they cause, up to the policy limit. Higher policy limits may be elected above and beyond mandatory minimums. Connecticut requires all drivers to have the following minimum liability insurance coverage:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $25,000 per accident for property damage
If the minor is deemed at fault in an accident, the other driver can seek compensation by filing a claim with the minor’s auto insurance company up to the limit listed on the policy. However, if the minor driver did not have insurance at the time of the accident, their parents or guardians may be financially responsible under Connecticut’s parental responsibility laws.
Understanding Parental Liability in Car Accidents Caused by Minors
There are situations in which parents can be held liable for damages caused by their minor child. The family car doctrine (CT General Statutes § 52-182) lays liability on a minor’s parents if the minor was driving a family vehicle at the time of the accident. This is because the vehicle is shared among family members, but is generally owned by one or both parents.
Additionally, if a parent knew their minor child was unfit to drive or was a poor driver, they may be held liable for allowing their child to use their vehicle. This principle, known as negligent entrustment, holds parents liable for damages you may have sustained in an accident caused by their child.
Finally, parents may also be responsible for paying for your damages if they were caused by a minor’s malicious or willful actions, according to CT General Statutes § 52-572. In these situations, parents must pay up to $5,000 toward their damages. Your lawyer can help determine if any of these situations apply to your case and how to proceed in light of them.
Recoverable Losses When a Minor Causes a Car Accident
When you recover compensation in a car accident in Connecticut involving a minor, you will generally be able to receive a few types of losses. A settlement can cover your medical expenses, lost wages, property damage, pain and suffering, emotional distress, and more. Recoverable losses will depend on what you’ve suffered and the factors involved in your case.
It’s also important to be aware of the personal injury statute of limitations in Connecticut, so you don’t miss out on the opportunity to recover your losses. You have two years from the time of the accident to take action before being barred from recovery.
Call The Law Offices of James A. Welcome
If you’re considering suing a minor for a car accident in Connecticut, then you should be prepared for the complexities of these cases. Victims considering taking legal action against a minor should seek legal assistance, as the process may differ from that in typical accident cases. The Law Offices of James A. Welcome has extensive experience handling complex car accident cases and providing solutions.
Our team has an established track record of securing case results for our clients so they have the resources they need to recover. Schedule a free consultation with our team to learn more about your options and rights if you were injured by a minor driver.
