Parents are held liable for their child’s actions on the road, even if the parent isn’t present when an accident occurs.
Parents are responsible for the child’s collisions when they’ve signed the application for the minor to receive a Driver’s License. They can also be liable simply for giving permission for a child to drive a family vehicle.
California Vehicle Code (CVC) goes into the ways a parent might end up responsible for a crash they weren’t on the scene for.
Any civil liability of a minor arising out of his driving a motor vehicle upon a highway during his minority is hereby imposed upon the person who signed and verified the application of the minor for a license and the person shall be jointly and severally liable with the minor for any damages proximately resulting from the negligent or wrongful act or omission of the minor in driving a motor vehicle, except that an employer signing the application shall be subject to the provisions of this section only if an unrestricted driver’s license has been issued to the minor pursuant to the employer’s written authorization.
When Parents Are Responsible for a Child’s Accident
CVC 17707 goes into how a parent who signs permission to allow a child to receive a Driver’s License can also be held financially liable for an accident.
A parent or guardian will have to sign for an instructional license after a child turns 15 ½, but the child is not allowed to drive alone at this point. Once a child earns a provisional license, they will be able to go out on the highway alone with some restrictions.
At this point, parents can be liable for an accident, even if they aren’t in the car at the time. This code and others create vicarious parental liability for a child’s negligence on California boulevards. It means parents can be held responsible, even if they didn’t cause the harm directly.
The parents’ signature in helping a minor gain a license leaves them liable for any victim’s medical bills, lost income, and other damages. Both the parent and the child are actually liable under the concept of “jointly and severally” liability.
It’s a concept that divides the blame between the parent and the child, but also leaves them liable together. Both could be sued, but in most cases, it’ll be the parent’s car insurance that will cover the damages.
See: A California guide to teen driving safety and licensing.
Parents Responsibility for Implied Permission
A parent or guardian may not have signed off on a child’s driver’s license application, but they can still be liable if the child causes a collision.
Under CVC 17708, parents are still liable if they allow a child access to a vehicle. They may verbally give permission (express permission) to the child. They may give implied permission, perhaps by handing the keys to the child. Either way, they can be liable for what happens next.
- This liability can apply even if the child doesn’t have a driver’s license.
When Parents Aren’t Responsible
The amount of financial responsibility parents have is capped in California.
Under CVC 17709, the law only lets the parent or guardian’s liability go so far.
It would be capped at these levels:
- $15,000 for the injury or death of one person
- $30,000 for the injury or death of multiple people
- $5,000 for property damage
Punitive damages usually wouldn’t be able to be recovered from parents or guardians. These are extra punishments and fines levied against drivers who show extreme recklessness in causing an accident. They might be applied to a driver who was extremely drunk when they caused a crash.
Contact a California Car Accident Attorney
Maison Law of California offers a free, no-obligation case consultation for all injured California accident victims.
If your accident involves a serious injury and a driver’s mistake was to blame, it’s a good idea to speak with a California Car Accident Lawyer. When a young driver is involved, a lawyer can help you figure out who is responsible for the damages, and then demand enough in support to pay for a full physical and financial recovery.
If you do need our help, there are no upfront charges. In fact, we aren’t paid unless we win your case for you. Then our fee comes out of the check the insurance company must write for you.
