As
our youth becomes of age to drive many parents become increasingly
concerned not only for their safety, but also for the liability
exposure that surrounds them. The following article was
provided to us from one of our insurance companies regarding
the responsibility and liability of parents in connection
to their children's driving exposures. Unfortunately, the
author, year, and publication are unknown.
Liability
of Parents
The
time has finally come - that moment when your son or daughter
first asks to use the car. And how can you say no? Getting
behind the wheel for the first time is something we all
looked forward to - and now it's their turn. Whether it
involves the family car, your child's own car, or simply
permission to drive a friend's car, it's important to understand
and appreciate the responsibilities involved in your decision
to allow your child to drive.
While your child's safety will still be your primary concern,
you should also be aware that the law can impose significant
financial liability on the parents of minors involved in
vehicle accidents. (For the purpose of this article, the
law defines a minor as someone under 18 years of age.)
California law provides that parents, or the parent or guardian
having custody of a minor, are responsible for damages resulting
from a minor's negligence in a vehicle accident. This will
occur when the minor is driving a vehicle - any vehicle
- with the express or implied permission of the parent or
guardian or if the parent or guardian has signed the minor's
driver's license application (required as a condition of
issuance of the license). Liability is limited, however,
to the financial responsibility limits imposed by law: $15,000
for injuries to one person in a single accident, $30,000
for injuries to all persons in a single accident, and $5,000
for property damage in a single accident. If an accident
involves a minor's "willful misconduct," the Civil
Code imposes an additional liability of $10,000 on the parent
or guardian having custody of the minor, whether or not
the parent has permitted the child to drive or has signed
the license application.
In addition, when anyone, including your child, uses your
car with your permission, you, as the owner, are also responsible
for its negligent operation in the same $15,000, $30,000,
and $5,000 liability limits discussed above.
The law can impose unlimited liability on parents if children
(of any age) are driving a vehicle while acting as the parents'
agent or on an errand at the parents' direction. Unlimited
liability is also possible if the parent "negligently
entrusts" the car to a son or daughter known to be
an unsafe or dangerous driver. Think twice about letting
your child (or anyone) drive your car that has a string
of traffic convictions or drives while under the influence
of alcohol or drugs. Think twice also about helping such
a child purchase a car.
A recent appellate case in San Diego held that parents who
gave their 39-year-old daughter money to buy a car, knowing
that she had a severe drinking problem and had wrecked her
previous car, were liable to persons injured by the daughter
in a subsequent accident.
Although you cannot swallow the car keys or insist that
your children walk the rest of their lives, there are some
things you can do to protect yourself. The law permits a
parent or guardian to reverse a decision to co-sign a minor's
driver's license application; do so if your minor drives
irresponsibly. Make sure that you have adequate automobile
insurance to protect yourself and your children. Most of
all, do everything possible to help teach that new driver
to be responsible and careful behind the wheel. A car can
be a valuable helper, but it can also be a dangerous weapon
when used improperly.
While driving in Southern California is a privilege, and
can be a pleasure, it has also become almost a necessity.
A child who understands driving responsibilities and appreciates
the risks probably deserves the right to join the growing
ranks of California motorists. It's a major step on a great
adventure. Good luck - to both of you!
Per
the California Codes and Rules
17709.
Limits on Liability.
(a)
No person, or group of persons collectively, shall incur
liability for a minor's negligent or wrongful act or omission
under Sections 17707 and 17708 in any amount exceeding fifteen
thousand dollars ($15,000) for injury to or death of one
person as a result of any one accident or, subject to the
limit as to one person, exceeding thirty thousand dollars
($30,000) for injury to or death of all persons as a result
of any one accident or exceeding five thousand ($5,000)
for damage to property of others as a result of any one
accident.
(b)
No person is liable under Section 17707 and 17708 for damages
imposed for the sake of example and by way of punishing
the minor. Nothing in this subdivision makes any person
immune from liability for damages imposed for the sake of
example and by way of punishing him for his own wrongful
conduct. Leg.H. (Amended by Stats. 1967, Ch. 862)
Keep in mind that there are many different scenarios and
situations that could arise in regards to the liability
requirements and responsibilities for a minor and their
respective parent or guardian. This article is provided
for informational purposes only and does not hold any binding
legal authority.