Can a Minor Sue for a Car Accident?

Car accidents can have serious consequences for everyone involved, especially if the accident involved minors in any way. Should a minor become responsible for causing a car accident or has been injured due to the other person’s negligence/recklessness, it can create a variety of questions regarding their legal rights and responsibilities. Which begs the question, ‘can a minor sue for a car accident?’ 

What Happens if a Minor Crashes a Car in California?

In California, if a minor crashes a car then they would be still held responsible for their actions as per California Civil Code Section 1714, which imposes a duty of general care and skill on every person (including minors) to act in a way that avoids injury to others. However, according to California Family Code Section 6601, any legal trouble that a minor gets involved in, their legal parent/guardians must handle the legal proceedings on their behalf. 

While the specific repercussions of a minor crashing a car will be heavily dependent on the nature of the accident, details such as whether the minor was driving with a valid license, were they obeying traffic laws, or if they were conducting in reckless behavior is crucial because it can ultimately determine the severity of liability in a car accident. 

If the minor is covered under their parents’ or guardians’ auto insurance policy, the insurance company would typically cover the damages, as long as the minor was driving legally. However, in some severe cases, the parents/legal guardians can face criminal liability and their insurance might refuse to cover the damages. 

Is a Parent Liable for a Child’s Car Accident in California?

If a minor causes a car accident in California, their parents/legal guardians would share the liability for any damages that were sustained in a car accident as per California Vehicle Code Section 17708. In addition, should the parent or legal guardian knowingly allow a minor to drive a motor vehicle despite knowing that the minor is inexperienced, reckless, or incompetent then they may face higher insurance premium payments or even potentially have their car insurance policies canceled by their provider. So it is imperative that parents and legal guardians make sure that their child is educated and properly trained to drive or else they might suffer a variety of unexpected costs. 

Can a Minor File a Lawsuit in California?

If a minor has been involved in a car accident due to the negligence or recklessness of another party, they are able to file a lawsuit to recover justice and compensation for damages. However, as per California Civil Code 372, minors must file these lawsuits under the guidance of an adult representative. Whether minors are filing a personal injury claim, property damage claim, or even a wrongful death claim, this law code is designed to protect the interest of minors while recognizing that they may not be able to fully understand the implications of legal actions and responsibilities.     

What Is the Statute of Limitations for a Minor in California?

In California, the statute of limitations for personal injury cases is generally two years from the date of the accident as per Section 335.1 of California’s Code of Civil Procedures. However, for minors, the statute of limitations is different, because according to Section 352 of California’s Code of Civil Procedures, the statute of limitations doesn’t begin until a minor turns 18. This would mean that minors would have until their 20th birthday to file a car accident claim or any other type of personal injury claim in order to recover damages they have sustained from a negligent or reckless party. 

At What Age Can a Child Make Their Own Decisions in California?

In California, a child can legally make their own decisions when they turn 18. However, until that age, all minors are subject to the authority of their parents and legal guardians, but there are some exceptions to this rule. The biggest exception is if a child decides to emancipate themselves, which allows them to take on the rights and responsibilities of an adult before turning 18. While emancipated minors would be able to enter into contracts and file lawsuits, they would become susceptible to any lawsuits or claims filed against them. 

What Should a Minor Do if They Have Been Involved in a Car Accident?

If a minor has been involved in a car accident it is important that they contact their parents or legal guardian as soon as possible and collect all of the necessary information such as contact information, car insurance information, and pictures and videos of the accident. While California law provides several protective measures for minors involved in car accidents, their parents can be held liable for their children’s actions. 

With that in mind, it is important to understand the legal implications of a minor’s involvement in an accident. However, if you have been involved in a car accident and would like to seek legal representation regarding the matter, contact us today by calling (213) 927-3700 or filling our contact form to schedule a FREE consultation with our compassionate and talented legal team.