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?
Samantha B. Cohn's Answer
Quick Answer
In Virginia, a minor driving a car is held to the same legal standard as an adult driver, so it's crucial to get in touch with an attorney immediately, ensure there's insurance coverage, and respond to any legal complaints within 21 days to mitigate potential financial and legal consequences.
Key risks
Potential Risk
Interest on the judgment amount can accumulate rapidly.
Potential Risk
Judgment may be entered against the minor if no attorney is hired.
Potential Risk
Potential for garnishment of wages or bank accounts.
Potential Risk
Driver's license or driving privileges may be suspended post-judgment.
Full Transcript
Below is an AI-generated transcript of the video answer.
Good morning! Another day, another court, another drive, another chance to answer a question.
Driving to day 4 of a 7 day trial up in Northern Virginia, so I have a couple of hours to kill.
So I got a question in that someone's stepdaughter was, I think, driving with a learner's permit, their dad's car, and got in an accident and now they're getting sued for $150,000.
First and foremost, I hope your stepdaughter is okay. That, as a parent, has to be terrifying.
She was in an accident, period. Now getting sued, also pretty horrible.
In Virginia, a minor involved in an adult activity is held to the same standard as a driver, as an adult driver, so a reasonably prudent driver of legal driving age.
And that would go whether or not she has a learner's permit, a driver's license, no driver's license.
A driver's license or a lack thereof is what we call a red herring. That doesn't make a difference. It doesn't prove you're negligent or not negligent.
Now any minor could be 12 years old. If they're driving a car, they are held to the standard of a licensed driver because they are participating in an adult activity.
I very seriously hope that either you or her stepdad or her mom or maybe, I'm sorry, you, her dad, her mom, or maybe there's a stepdad or whatever the family dynamics are, has insurance coverage that lists her as a driver.
If that's the case, then you should immediately send whatever paperwork you received to that insurance carrier.
There might be another avenue of recovery, or I'm sorry, protection for her, which is a resident relative inclusion.
Most policies require that any family member who is of driving age being listed on a policy, even if they're not necessarily a driver listed on the policy.
And so that could be your house, that could be her mom's house, where she is listed on a policy as a resident but not a driver, and she would be covered under Virginia law that way.
So you can send the documents to that insurance carrier.
The third option would be if there is no applicable coverage because most insurance companies either, one, have in-house counsel, they have their own attorneys, or two, have a firm that they retain to handle these matters.
And it's part of the contractual agreement of an insurance policy that they are going to have counsel protect you in case of situations like this.
So the third option is that you hire your own attorney to protect her interests.
Because at the end of the day, she's going to be treated like an adult, and if she doesn't have an attorney, most likely judgment's going to be entered against her.
And that $150,000 may not be all of it, but it's still a big number.
There's going to be interest on it at the current rate of 6%, either from the date of judgment or the date of accident, which can add up quickly.
And then depending on if she works, if she has a bank account, that bank account can be garnished, that the work income can be garnished.
Sorry, it's too early, not enough coffee.
If she does not set up a satisfactory payment arrangement after a judgment is entered, and not only will they institute garnishments, they can also suspend her driver's license or her driving privileges.
So it's really important that you get in touch with an attorney as soon as possible, because there's a lot at stake for her.
And hopefully there's some insurance coverage that will afford her representation contractually, or you need to find somebody else on your own.
But she's got 21 days to answer that complaint, and if she does not, she's going to have a lot of problems.
So I hope it works out well for you guys, I hope there is insurance coverage, but definitely get in contact with an attorney as soon as possible.