Can I file a personal injury claim against the parents of an underage illegal driver who caused my accident?

In West Virginia, filing a personal injury claim against parents whose minor child causes injury or damages in a car accident is possible. If the child was unlicensed or underage and the parents consented to the child driving or borrowing their car, they could be held liable in the event of a wreck. 

While most accidents are not intentional, if the underage, illegal driver willfully or maliciously injured a person or property, then his or her custodial parents can be held liable for up to $5,000 in damages according to West Virginia law. 

Legal Representation in an Accident Claim 

Whatever the case, if you’re considering filing a personal injury claim against the parents of an underage driver or a driver who has a learner’s permit, contact a Clarksburg car accident lawyer today. An attorney can advise you regarding who holds liability in your case. 

You may be able to seek compensation from parents of an underage driver through their insurance policy. By West Virginia law, every car is required to have a minimum amount of insurance coverage to qualify for registration. Because of these laws, the car the underage driver was using in your wreck may have been covered by an insurance policy. 

Insurance Requirements for West Virginia Drivers 

At a minimum, insurance requirements for West Virginia drivers includes: 

  • $10,000 toward property damages;
  • $20,000 toward one injury or death (in one accident); and
  • $40,000 toward multiple injuries or death (in one accident). 

If the other driver is not insured, you may be covered by uninsured motorist coverage if this is part of your policy. If it is not, your attorney may go over other options to recover compensation through a claim. 

Learn How a Clarksburg Car Crash Lawyer Files West Virginia Injury Claim Against Illegal Driver 

Learn more about filing a personal injury claim against an underage, illegal driver in our eBook, The 7 Biggest Mistakes that can Wreck your West Virginia Car Accident Claim. Call 304-931-4088 or 888-436-0859 to speak with a Clarksburg car accident lawyer at The Miley Legal Group today.

Tim Miley
Injury Lawyer, Author, & Owner of The Miley Legal Group