My 17-year-old stepdaughter is being sued for $150,000 over an accident while driving her dad’s car with a learner’s permit. Her dad was in the car but has since passed away. I’m now her only legal guardian and don’t have his insurance information. What should I do first?

A question has arisen regarding a situation where an individual’s stepdaughter, who was driving with a learner's permit in her father's car, was involved in an accident and is now facing a lawsuit for $150,000. The first priority is to ensure the stepdaughter's well-being, as being involved in an accident can be a distressing experience for any parent. In Virginia, a minor engaged in driving is held to the same legal standard as an adult driver. This means that regardless of whether the minor possesses a learner's permit or a full driver's license, they are expected to demonstrate the same level of care as a reasonably prudent adult driver. The presence or absence of a driver's license is not a determining factor in establishing negligence. It is crucial for the family to verify whether there is insurance coverage that includes the stepdaughter as a driver. If she is listed on an insurance policy, it is advisable to promptly submit any relevant paperwork to the insurance carrier. Virginia law may provide additional protection through a resident relative inclusion, which allows family members of driving age to be covered under a policy, even if they are not explicitly listed as drivers. If there is no applicable insurance coverage, it is important to note that most insurance companies either employ in-house counsel or retain a law firm to handle such matters. This is typically part of the contractual agreement within the insurance policy. Therefore, hiring an independent attorney may be necessary to protect the stepdaughter's interests. Without legal representation, she may face a default judgment against her, which could result in significant financial consequences, including interest accruing at a rate of 6% from the date of the accident or judgment. Additionally, if a judgment is entered against her and she fails to establish a satisfactory payment arrangement, her income and bank accounts could be subject to garnishment. Furthermore, her driver's license or driving privileges may be suspended. It is imperative to consult with an attorney as soon as possible, as the stepdaughter has 21 days to respond to the complaint. Failing to do so could lead to serious complications. It is hoped that there is insurance coverage available to provide representation; if not, securing legal counsel independently is essential.