You’re driving along Jefferson Avenue, heading home after a long day at the office. As you travel through an intersection, a 16-year-old driver with a newly-issued license runs the red light and T-bones your vehicle, sending you crashing into the curb and leaving you with crushed ribs, a traumatic brain injury, and a spinal cord injury that will forever impact your ability to live a normal life.
The streets of Detroit present all kinds of driving challenges, from traffic congestion to severe weather conditions. When teenage drivers enter this environment with their limited experience, the risk of accidents increases. The question is: Can you sue a minor for causing your injuries? This blog will explain your rights and options in this difficult situation.
What Happens If a Minor Causes a Car Accident in Detroit?
Michigan’s legal framework provides avenues for compensation when a minor causes a motor vehicle accident. They include:
- No-fault benefits
- Car accident claims against the vehicle owner and, in some circumstances, direct claims against the minor driver.
It is important to note, however, that insurance companies will likely scrutinize such car accident claims, looking for policy exclusions or coverage limitations that might apply to underage operators. This makes legal representation important after an accident caused by a minor driver in Detroit.
Understanding Minor Liability in Michigan Car Accidents
In Michigan, teenagers can begin the graduated licensing process at age 14 years and 9 months, with a Level 1 license available at age 16. This graduated system imposes restrictions on when and with whom young drivers can operate vehicles. For example:
- A minor with a Level 1 license must be accompanied by a licensed parent, guardian, or designated adult 21 years or older.
- Level 2 licenses allow independent driving but with nighttime restrictions and passenger limitations.
- Full driving privileges come with a Level 3 license.
These restrictions aim to reduce risk while teens gain necessary road experience. However, when automobile accidents occur despite these safeguards, Michigan law still recognizes liability for underage drivers.
The Michigan No-Fault System and Its Impact
Michigan’s no-fault insurance system creates the first layer of protection after any automobile accident, regardless of the driver’s age. This system requires Personal Injury Protection (PIP) coverage for all registered vehicles. It will pay for medical expenses, up to 85% of lost wages for up to three years, and replacement services regardless of who caused the traffic accident. Your right to these no-fault benefits stems from your own insurance policy rather than any claim against the minor or their parents.
That said, this no-fault law limits when you can pursue legal claims beyond your PIP benefits. To qualify for non-economic damages like pain and suffering or emotional distress in Michigan, an injured person must have suffered a “serious impairment of body function.” These threshold injuries, which impact your ability to live a normal life, include:
- Permanent disfigurement
- Permanent disability
- Loss of bodily function
- Loss of limb or loss of use of a limb
- Loss of a foot, hand, finger, or thumb, or loss of use of a foot, hand, finger, or thumb
- Loss of an eye or ear or loss of use of an eye or ear
This standard still applies in traffic accidents caused by minors. Additionally, Michigan law allows you to file a personal injury claim for economic losses beyond what PIP covers, such as medical costs that exceed your policy limits or lost wages beyond the three-year PIP coverage period.
Property Damage
Michigan follows a “mini-tort” rule (MCL 500.3135(3)(e)) for vehicle damage. If someone is at fault in a crash and damages another person’s vehicle, they can be held responsible for up to $3,000 in out-of-pocket damages not covered by the accident victim’s own insurance (like their deductible or damage not covered due to limited collision coverage). This is what’s known as a mini-tort claim.
Can You File a Lawsuit Against a Minor for a Car Accident?
In general tort law, minors are held to a standard based on their age, experience, and intelligence. But when a teenager is licensed and operating a vehicle, Michigan courts often apply the adult standard of care, since driving is considered an adult responsibility. This standard addresses legal responsibility for negligence, not financial liability. Even when the at-fault driver is a minor with limited assets, Michigan law offers ways for an injured person to recover maximum compensation, typically through insurance coverage or vehicle owner liability.
Procedural complications can also arise when a personal injury lawsuit involves a minor. In these cases, the court must appoint a guardian ad litem to protect the minor’s interests throughout the legal proceedings. This legal requirement adds extra steps and can lengthen the time it takes to resolve the insurance claim. Accident settlement negotiations are also more complicated, as minors can’t legally enter into binding agreements without an adult representative and court approval.
Situations Where a Minor Can Be Sued Directly
In Michigan, a minor can be sued directly for causing an auto accident in certain circumstances. While most crashes involve ordinary negligence, some cases involve conduct serious enough to justify naming the minor as a defendant. If they have their own insurance coverage or assets, filing a direct claim may help preserve access to those resources.
Car accident lawsuits are more likely to succeed when the minor’s actions go beyond simple carelessness. Situations involving street racing, drunk driving, or intentionally reckless behavior (like fleeing from police) may meet the legal threshold for gross negligence or willful misconduct. In those cases, the minor may face liability independently of their parents, and courts are more likely to allow the claim to proceed.
Recovering Compensation from a Minor Without Assets
If a minor causes a car accident in Michigan but doesn’t have any assets of their own, recovering financial compensation can be challenging, but not impossible. In many cases, the minor is covered under a parent’s auto insurance policy. If that policy includes liability coverage, it may pay for damages resulting from the accident, even if the minor is the named defendant.
As we explained earlier, Michigan is a no-fault state, so your own insurance carrier will typically cover medical bills, lost wages, and replacement services regardless of who caused the crash. However, if your accident injuries meet the tort threshold for a third-party lawsuit, you may be entitled to pursue a liability claim against the at-fault driver. If that negligent driver is a minor without assets, no-fault coverage becomes your primary path to compensation.
In rare situations where there’s no insurance and no assets, an injured person may obtain a civil judgment against the minor. That judgment can be enforced later if the minor acquires assets after their 18th birthday. While this doesn’t guarantee immediate payment, it preserves your legal right to collect in the future.
Suing a Parent or Guardian for a Minor’s Car Accident
In Michigan, parents and guardians may be held liable for a car accident caused by a minor under the legal theory of negligent entrustment. This doctrine applies when an adult knowingly allows a minor to use a vehicle despite being aware (or having reason to know) that the minor is likely to use it carelessly or dangerously.
For example, if a parent gives car keys to a teenager with a history of reckless driving, traffic violations, or substance abuse, and the teen later causes a crash, the parent may be liable for negligently entrusting the vehicle. Liability doesn’t depend on ownership of the car alone; what matters is the adult’s decision to grant access to someone unfit or unqualified to drive responsibly.
Courts will examine whether the parent knew or should have known that the minor posed a risk to others. Simply being underage or inexperienced isn’t enough. There must be a clear indication that the minor was likely to drive in a way that could cause harm.
If negligent entrustment is proven, the injured person may recover damages directly from the parent or guardian. This claim runs separately from any legal action against the minor and is often pursued when the minor lacks insurance or personal assets. A personal injury attorney can clarify how the law works in these cases.
Parental Financial Responsibility
Beyond negligent entrustment, Michigan law imposes liability on vehicle owners through the Owner’s Liability Statute (MCL 257.401). This law makes the owner of a vehicle liable for bodily injuries caused by anyone driving with the owner’s express or implied permission. Since parents own the vehicles their minor children drive, this statute creates a direct liability connection regardless of whether parents were negligent themselves.
The Owner’s Liability Statute can provide compensation for damages in cases involving minor drivers. Unlike negligent entrustment claims, which require an injured party to prove that the parents knew or should have known their child was an unsafe driver, the Owner’s Liability Statute requires only showing that parents permitted the minor to drive their vehicle. This lower evidentiary burden makes recovery more accessible for accident victims.
Michigan law also includes a parental liability statute (MCL 600.2913) that imposes financial responsibility for a minor’s willful or malicious actions. This statute caps parental liability at $2,500 per incident, which is hardly adequate compensation for serious accident injuries. However, this limitation doesn’t affect claims based on the Owner’s Liability Statute or negligent entrustment theories, which have no such caps.
Insurance Coverage for Car Accidents Involving Minors
Auto insurance policies extend coverage to all household members, including minor drivers. (Most parents add their teenagers to their existing policies.) Insurance companies recognize the increased risk associated with novice drivers and adjust premiums accordingly. However, once a minor is listed on the policy, the insurer can’t deny coverage based solely on the at-fault driver’s age. Some policies may contain restrictions or exclusions related to inexperienced drivers, but these provisions must be clearly stated in the policy language to be enforceable.
What to Do If You Are Injured by a Minor Driver in Detroit
If you’re injured in an accident caused by a minor driver in Detroit, taking proper steps after the collision protects your right to future compensation.
- First, obtain the at-fault driver’s information, including their name, address, and the name of their parents or guardians. Also, collect their insurance details, as they should be covered under a parent’s policy.
- Document the accident scene with photographs showing vehicle positions, damage, road conditions, and any visible physical injuries.
- Identify and collect contact information from witnesses, as their testimony may become necessary if liability disputes arise later.
- Ask for a copy of the police report. It should note the at-fault party’s age, but officers might not include all details about licensing restrictions that may apply to young drivers.
- Seek medical care even if your injuries seem minor initially. Some injuries become apparent only days after an accident, and medical documentation establishes a clear connection between the collision and your condition.
- Follow all treatment recommendations and keep records of medical care appointments, prescribed medications, and how your injuries affect daily activities.
- Report the accident to your auto insurance company to initiate your PIP claim, but refrain from giving recorded statements before you hire a personal injury lawyer. Insurance adjusters may ask questions designed to minimize your claim or shift blame.
- Contact an experienced car accident attorney as soon as possible. An auto accident lawyer can identify all potential recovery sources and guide you through the procedural requirements for claims against minors and their parents. They can also ensure that your claim is filed before the three-year statute of limitations expires.
Injured by a Minor in Detroit? Call Our Auto Accident Attorneys Today!
Car accidents involving minor drivers in Detroit present legal challenges, but Michigan law provides pathways to fair compensation. The Owner’s Liability Statute, the negligent entrustment doctrine, and the state’s no-fault system create a framework that can protect those harmed by negligent or reckless young people.
If you’ve been injured by a minor driver in Detroit, don’t assume that the driver’s age limits your options for recovery. Call the experienced car accident lawyers at the Lee Steinberg Law Firm. We’ve supported many clients harmed by young drivers and will aggressively pursue all avenues of compensation. To schedule a free initial consultation, call our personal injury law firm today at 1-800-LEE-FREE (1-800-533-3733) or fill out our online contact form.