If your child had an accident in your car, the damages you could recover would depend on the accident’s circumstances. Your child may be held accountable, but it is also possible that you will be held financially responsible.
If your child suffered injuries in the car accident, you might want to hire a personal injury lawyer to file a claim to recover financial damages like hospital bills and property damage.
Assigning Liability in an Auto Accident
Florida Statutes § 327.32 relates to dangerous vessels as instruments. In plain terms, a motor vehicle is a complex instrument and can cause harm. So, if you are not driving, who is liable? Let’s look at how the state regulates these circumstances.
The law states that liability is confined to the driver for reckless or careless operation and not imposed upon the owner of the automobile. There are exceptions to this. Let’s review some of these as questions.
Were You in the Vehicle or Present When Your Child Had an Accident in Your Car?
For example, the law would hold you liable if you were in the passenger seat. You would be responsible if you were standing in the driveway and supervising your child as they learn how to park the car and back into traffic. Your being present is a crucial exception.
Is Your Child a Minor?
Age is an issue because even adult children can borrow a car in an emergency or for other reasons. If your child is a minor, Florida Statutes § 322.09(2) states that whoever signed for the child to become a driver will be liable. If this is you, as in most cases, the parent signs, you would be liable for any damages your child causes if they were driving negligently.
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What If the Other Driver Caused the Accident?
Note that just because there is legislation regarding liability for a child who wrecks their parent’s vehicle does not mean your child caused the accident. It is possible that your child was driving according to the law. If somebody else acted negligently and caused the accident, you could seek to collect damages from their insurance provider.
Could Damages for My Child’s Accident Be Covered?
An injury lawyer and review the types of damages you could collect to cover your accident losses. Your attorney would focus on economic and non-economic, which are the financial and non-financial losses from the crash.
Economic Damages in a Car Accident
- Hospital bills (for emergency care, medical procedures, prescription medications)
- Rehabilitation expenses
- Car repairs or replacement if destroyed
- Car rental costs
- Lost income if your child has a job but cannot work because of their injuries
Non-Economic Damages in a Car Accident
- Pain and suffering
- Anxiety or post-traumatic stress disorder (PTSD) related to the crash
- Loss of society
- Scarring, disfigurement
- Loss of life enjoyment
How Can I Help My Child After a Car Accident?
Like any concerned parent, you want to protect your child from harm. A motor vehicle accident can come as a shock, and for some, the experience can be quite traumatic. If your child has injuries, seek medical help. If you note any additional anxiety or notice they do not want to drive, your child may need therapy or counseling.
You can also hire a car accident attorney who can help you weigh your legal options for damages. The other driver may want to seek damages from your insurer, and their insurance company may want to place the blame for the accident on your child. An injury attorney can represent you, protect your right, and address the opposing side that wants your child to bear responsibility for the collision.
A car accident lawyer can investigate your accident to determine what happened. They can collect evidence that supports your version of events, which could include talking with witnesses, studying traffic cam footage, and viewing the police report. A car accident lawyer will work to show that your child was not at fault with the evidence collected. They can also negotiate a settlement that would cover your losses. If someone else was at fault, you don’t want to cost your family and pay for the damages out of pocket.
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Call Us Today for a Free Consultation If Your Child Had an Accident With Your Car
If your child was in an accident, it makes sense to protect them and yourself. If the accident is proven to be your child’s fault, that could linger on their license for some time. It often falls back on the parents in some form to pay for the damages. You can stand up for your child’s rights by contacting GED Lawyers today for a free consultation about your legal options.
Don’t get bullied by insurance tactics and lawyers who want to place blame for an accident that isn’t your child’s fault. Let us help. Our injury firm understands that family matters, and we will work to find the truth about what happened while your child was driving. We will work to get you the compensation you need for financial recovery.