It’s a common reaction to worry when a teen begins driving, knowing they are new to the rules of the road and might take reckless chances. When the worst happens, and a teen driver causes a car accident, both the injury victims and the teenager’s parents may wonder who is responsible. After a serious Marysville car accident involving a teen driver, these questions can quickly become both emotional and legally complex. Are parents responsible for their teenager’s car accident in Washington?
Under WPI 72.05 Family Car Doctrine, the law states the following:
“A person who [owns] [maintains] [provides] a motor vehicle for the use of a member of his or her family is responsible for the acts of that individual in the operation of that motor vehicle.”
What is the Family Car Doctrine In Washington?
Under the family car doctrine, the state asserts that the owner of a family vehicle is legally responsible if anyone in the family who has been given permission to drive the vehicle causes an accident. Under Washington’s pure comparative negligence accident laws, the driver who causes a car accident is liable for accident-related damages like property damage, medical expenses, and lost income. However, the family car doctrine protects injury victims by holding the parents of a teen driver liable. A teenager typically has limited assets and either has only the minimum insurance coverage or is covered under their parents’ insurance.
When Are Parents Liable for Damages Under the Family Car Doctrine?
After an accident, the insurance companies involved investigate the circumstances to determine the cause, the negligent action that led to it, and the liable party. The parents of a teen driver are liable under the following circumstances:
- If they own the car and the car’s insurance is in their name
- If they gave their child permission to drive the car
- If the car is a family vehicle
- If the teenager was responsible for the accident
If the injury victim, a third-party driver, or another entity, such as a negligent road-maintenance agency, caused the accident, the at-fault party is liable for damages, not the teenager or their parents. In some cases, multiple parties share fault for a car accident. Under the pure comparative negligence law, all parties may be assigned a percentage of fault for an accident. They may still recover a portion of their damages, but the insurance company deducts their percentage of fault from the amount they pay on the claim.
In addition to a parent being legally responsible under the family car doctrine, the “negligent entrustment” doctrine may apply in some cases. This concept holds parents liable for damages if they knowingly allow an inexperienced or reckless teen, or a teenage child with a record of traffic offenses or a suspended license, to drive.
What If the Teen Took the Car Without the Parents’ Permission?
Sometimes insurance companies act in bad faith by attempting to shift blame away from the teen driver in order to minimize or deny a valid claim. They may state that the teenager took the car without the parents’ permission, so the parents aren’t liable. It may take a seasoned car accident attorney in Washington to prove that the family car doctrine applies by showing evidence that the teenager had previously driven the car and had explicit or implied permission to drive the family vehicle.