According to the New York Department of Motor Vehicles (DMV), young drivers pose a higher risk of traffic accidents because they lack experience behind the wheel. So, what happens after a teen driver causes an accident in New York?
Although New York’s no-fault insurance law may initially cover injury costs, the at-fault teen driver and their family may also face liability for the crash, depending on factors including the severity of injuries and available insurance coverage.
How New York’s No-Fault System Works in Teen Driver Accidents
In New York, the state’s no-fault insurance system governs compensation for injuries from auto accidents. Under this system, an injured crash victim’s personal injury protection (PIP) coverage through their auto insurance can cover medical expenses and lost wages, regardless of fault.
However, an accident victim may have the right to file a personal injury claim against any liable parties if their economic losses exceed their PIP coverage or if they suffer a qualifying “serious injury” (NY ISC § 5104).
Who Is Responsible If a Teen Driver Causes a Car Accident in New York?
Various parties may bear legal responsibility for injuries and damage when a teenage driver causes a car crash in New York:
The At-Fault Teen Driver’s Liability
A teen driver who causes a car crash may be liable for injuries and property damage from the accident. However, teenagers typically have limited financial resources, making it unlikely that an injury victim will recover compensation directly from an at-fault teen driver.
Household Car Insurance Policies
Teen drivers must be covered by auto insurance like everyone else on the road, and many parents or guardians add them to the household policy. The at-fault teen driver’s family insurance may compensate injured crash victims under the policy’s liability coverage.
Parental Liability
Parents may also be legally responsible for injuries victims suffer in auto accidents caused by their teens:
- Vicarious liability – Under NY VAT § 388, liability for an at-fault driver’s negligence can fall on the vehicle’s owner if the owner allowed the driver to use the vehicle. As a result, a parent may be held liable for their teen’s negligence after giving them express or implied permission to drive a household vehicle.
- Negligent entrustment – Parents may also have liability for a car accident caused by their teen if they negligently entrust a family vehicle to them. This generally means the parent allowed the teen to drive despite knowing the teen was unfit. Repeated traffic violations, drug and alcohol issues, prior car accidents, suspended licenses, and other signs of reckless or unsafe driving can support their legal responsibility.
When Can You Sue After a Car Accident?
In New York, you may have the right to file a car accident lawsuit against the at-fault teen driver or other liable parties for additional losses. If your expenses exceed your no-fault benefits, you can seek compensation for your economic damages, such as medical bills and lost wages, beyond your policy limits.
If your teen driver accident case meets the serious injury threshold, you can file a claim for all your crash-related losses, including pain and suffering and lost quality of life. Under NY ISC § 5102, qualifying serious injuries include:
- Dismemberment
- Significant disfigurement
- A bone fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of use of a body function or system
- Death
Our trusted teen driver accident lawyers in New York can help you determine whether you may have a viable legal claim against any responsible parties.
How a Schenectady Car Accident Lawyer Can Help
If you’ve suffered injuries in a crash involving a teen, our experienced Schenectady car accident lawyers can help you pursue a teen driver accident claim in Schenectady by:
- Recovering evidence such as police accident reports, crash scene photos, witness statements, and video recordings
- Working with accident reconstruction experts to build a robust case to prove a teen driver’s fault
- Documenting the full extent of your losses to account for the effects of the crash now and in the future
- Explaining legal options and the process of recovering compensation following a car accident in New York
- Communicating with insurance companies and aggressively negotiating for maximum compensation
- Pursuing litigation when necessary to demand a complete financial recovery
FAQs
Does insurance cover an accident caused by a teenage driver?
An insurance policy may apply to an accident caused by a teen driver in certain circumstances. For example, when a teen has a learner’s permit, the insurance policy held by the parent or adult supervising the teen’s driving may apply. Once a teen receives a driver’s license, insurance companies typically require parents to add them to their policy to drive family cars. When parents fail to add their teen to their insurance policy, the insurer may deny coverage.
What happens if a teen driver was driving without permission?
If a teen takes a vehicle without permission, the insurance covering the vehicle may not apply, as policies typically only cover use approved by the vehicle owner. However, various circumstances may indicate that a teen had implicit permission to drive a vehicle, such as when the teen has access to the vehicle’s keys and the owner knows that the teen has used their vehicle before.
Contact a Schenectady Car Accident Lawyer at Dalmata, Maloy, & Burke, LLP
Have you suffered injuries in a car crash caused by a negligent teen driver? If so, you need experienced counsel to help you understand your rights and seek compensation for your losses.
At Dalmata, Maloy, & Burke, LLP, our reputable team has over 30 years of combined legal experience and a track record of securing millions of dollars in settlements and verdicts for clients. Although our past successes do not guarantee future outcomes, they reflect our dedication to earning our clients’ trust.
As one past client wrote of their experience working with our firm:
“Daniel Maloy and the team at Dalmata, Maloy & Burke, LLP handle a case for my family, they were nothing but professional and insightful. They handle our case on a personal level instead of just another case number. I would highly recommend their services.”– Kevin F.
Contact DMB Legal today for a free consultation with a Schenectady teen driver accident lawyer to discuss your legal options.
