On Sunday morning, October 4, a 13-year-old lost control of a car on the Fairfax County Parkway ramp to Pohick Road in Springfield, struck a utility pole and came to rest on top of a guardrail. Police said the car belonged to the parents of the 13-year-old passenger. Both boys had minor injuries, and the driver was charged with driving without a license (NBC Washington).
No one was seriously hurt this time. But a teen driver accident in Virginia raises a question families and other drivers rarely think about until it happens to them: when the person behind the wheel has no license, no policy of their own and no business driving, who actually pays for the damage and the injuries?
The answer depends on whose car it was, whether the teen had permission, and whose insurance policies are in the household. Here is how it generally works in Virginia.
Key Takeaways
- The car’s insurance usually comes first. Virginia auto policies must cover anyone driving the vehicle with the owner’s express or implied permission (Va. Code § 38.2-2204).
- No permission can mean a coverage fight. If a teen took the keys without consent, the owner’s insurer may deny coverage, and the injured person’s own uninsured motorist coverage may have to step in.
- Owners who hand over the keys can be liable. Virginia law makes it unlawful to knowingly let someone without a legal right to drive operate your vehicle (Va. Code § 46.2-349).
- Injured children have more time, but not unlimited time. A minor’s injury claim is generally paused until age 18, and any settlement for a child must be approved by a court.
Teen Driver Accident in Virginia: Who Pays First?
In most crashes, compensation flows through insurance, not out of anyone’s pocket. When a teen driver causes an accident, there are usually three places to look.
The vehicle owner’s policy
Liability coverage generally follows the car. If the teen was driving with permission, express or implied, the owner’s policy should respond to injuries the teen caused.
The household policies
A teen who lives at home may be covered as a resident relative under a parent’s own auto policy, depending on its terms and any excluded driver endorsements.
Your own UM coverage
If coverage is denied or too small, your own uninsured and underinsured motorist coverage may pay for your injuries.
Permission Is the Pivot Point
Virginia requires auto liability policies to cover not just the named insured but anyone using the vehicle with the owner’s express or implied consent. That is why the first question an insurer asks after a teen driver crash is whether the teen had permission.
Permission does not have to be spoken out loud. A pattern of letting a child use the car, leaving keys available, or never objecting to past drives can all be argued as implied consent. On the other hand, if a teen secretly took a parent’s or a friend’s parent’s keys, the insurer may argue there was no consent at all and deny coverage. When that happens, injured people are not left with nothing. Uninsured motorist coverage on their own policies, or on a household member’s policy, can become the main source of recovery.
Can Parents or Car Owners Be Held Responsible?
Many people assume parents are automatically liable for anything their child does. In Virginia, that is not quite right.
- Parental property statute. Virginia’s parental liability statute allows recovery of up to $2,500 from parents for property damage a minor causes willfully or maliciously (Va. Code § 8.01-44). It is aimed at vandalism, not ordinary careless driving.
- Negligent entrustment. An owner who lends a car to someone they know, or should know, is unfit to drive, such as an unlicensed 13-year-old, can be held responsible for the resulting harm. Virginia also makes it unlawful to knowingly permit a person with no legal right to drive to operate your vehicle.
- The driver. A minor can be legally responsible for their own negligence, although a claim against a teen with no assets usually only matters through insurance.
Every case turns on what the owner knew and allowed. That is exactly the kind of fact question an experienced Fairfax car accident lawyer investigates early, before memories fade and statements are locked in.
When the Injured Person Is a Child Passenger
In the Fairfax County Parkway crash, the passenger was also 13. Child passengers hurt in a teen driver accident have some special protections in Virginia:
- A minor’s own claim is generally paused until the child turns 18, though a parent’s claim for the child’s medical bills follows different timing.
- Virginia courts must approve any settlement of a minor’s injury claim to make sure it is fair and the money is protected.
- The passenger may be able to claim against the driver’s coverage, the vehicle owner’s policy, and the household’s own uninsured motorist coverage.
Our child injury lawyers handle these claims with the extra care they require.
What to Do After a Teen Driver Crash
- Get medical care. Minor injuries in teens and children can hide concussions and internal injuries.
- Call the police and get the report number. The report documents who was driving, whose car it was and whether the driver was licensed.
- Collect insurance information for the driver and the vehicle owner. With a teen driver, these are often different people.
- Notify your own insurer. This protects any uninsured or underinsured motorist claim.
- Do not give a recorded statement to the other side’s insurer until you have spoken with a lawyer about permission and coverage issues.
Preventing the Next Teen Driver Accident
National Teen Driver Safety Week takes place the third week of every October, and this crash is a timely reminder for parents across Northern Virginia. Virginia teens cannot hold a learner’s permit until age 15 and a half, and driving without a license is a criminal offense (Va. Code § 46.2-300). Keep spare keys secured, talk with teens and their friends about the real consequences, and review your own auto policy for excluded drivers and uninsured motorist limits before something happens.
Teen Driver Accident FAQ
Who pays when an unlicensed teen causes a car accident in Virginia?
Usually insurance. The vehicle owner’s policy generally covers anyone driving with express or implied permission. If the teen had no permission and the insurer denies coverage, the injured person’s own uninsured motorist coverage may pay instead.
Are parents automatically liable for their teenager’s car accident in Virginia?
No. Virginia’s parental liability statute is limited to $2,500 for willful or malicious property damage. Parents and vehicle owners can still be liable for negligent entrustment if they knowingly let an unfit or unlicensed driver use the car.
Does car insurance cover a teen who took the car without permission?
It depends on the policy and the facts. Virginia policies must cover permissive drivers, so a true lack of permission can lead to a coverage denial. In that case, uninsured motorist coverage may protect the people the teen injured.
How long does a child injured in a crash have to file a claim in Virginia?
A minor’s own injury claim is generally paused until the child turns 18, and then the normal two-year deadline applies. A parent’s claim for the child’s medical expenses has different timing, so speak with a lawyer early.
Do I need a lawyer after a teen driver accident?
If anyone was injured or an insurer is questioning permission or coverage, a lawyer can identify every available policy and protect your claim. Hilton & Somer offers free consultations and handles injury cases on contingency.
Hurt in a Crash Caused by a Teen Driver?
Hilton & Somer, LLC has helped injured families across Northern Virginia, Washington, DC and Maryland since 1965. We will sort out who was driving, whose policy applies and how to get you paid. Free consultation, and no attorney fees unless we recover for you.
Also worth a read: back to school safety in Fairfax County and what to do after hitting a deer in Virginia.
References
- NBC Washington. “13-year-old driver charged in Fairfax County crash.” nbcwashington.com
- Code of Virginia. “§ 38.2-2204. Liability insurance on motor vehicles.” law.lis.virginia.gov
