Teen Drivers and Parents' Liability

The client has reason to be anxious about this development. Car crashes are the leading cause of teenage deaths and can have serious financial and legal consequences.

Family's Financial Responsibility

First, the client should call his or her insurance agent and have an in-depth conversation. The family will be financially responsible for the teenager's driving. Will the teenager be covered as a "member of the household" or does will the new driver need to be added as a named insured? How much will this addition cause rates to increase? Are there any discounts for good students? More fundamentally, do the insurance limits in the current policy adequately protect the family assets if the teenager causes an accident? And does the amount of insurance adequately cover the family if the teenager is seriously injured in an accident and needs comprehensive medical care?

Accidents happen. Your clients can be better prepared for unforeseen circumstances with the right knowledge and information.

Family's Legal Responsibility

Second, the client needs to understand that if the teenager is driving a family car, the client may be legally responsible for the teenager's negligent driving under theories of negligent entrustment or family purpose doctrine. If the client knew or should have known that the teen would drive in a negligent manner, they are liable for negligent entrustment. Cf. Matthew v. Federated Service Ins. Co, 122 Or App 124, 134-135. Anyone who owns a car for the comfort or convenience of the family is potentially liable for injuries caused by the negligent operation of that vehicle by a family member. Fisher v. Pippin, 40 Or App 421, 423 (1979) (father liable for collision caused by son where father owned the vehicle). An owner is not deemed to have consented to the vehicle's use when a family member secretes its use. Kraxberger v. Rogers, 231 Or 440, 455-456 (1962) (father not liable under family purpose doctrine for collision caused by minor son who took keys to work truck without permission after father went to bed). However, parents who provide money for purchasing and insuring a vehicle and licensing an adult child to drive are not liable for their child's negligent driving if the vehicle title and insurance are in the adult child's name. Barber v. George, 144 Or App 370 (1996).

Teen Driving Restrictions and Safety

Third, it is important for clients to take steps to assure that the teen is a safe driver. They should discuss safe driving practices with the teen, such as the use of a seat belt, not drinking and driving, not using a cell phone while driving, and driving in poor weather conditions. The client should also understand the unique driving restrictions that apply to teenagers:

After having an instruction or learner's permit for six months, a teenager may apply for a provisional driver's license. For the first six months, the teen driver with a provisional license cannot have a passenger, other than a family member, who is under 20 years old. In the second six months, the teen driver cannot have more than 3 passengers under the age of 20 who are not family members.

In the first year, teen drivers with a provisional license cannot drive between the hours of midnight and 5 a.m. unless they are driving:

between home and work,
between home and a school event for which there is no other transportation available,
for employment purposes, or
when accompanied by a licensed driver who is at least 25 years old.
All drivers under the age of 18 with a provisional license or a driver's permit are prohibited from using a cell phone or other hand held device while driving. (Enforcement of the cell phone restriction is secondary and a teenager will be pulled over only when there is some other reason to stop the vehicle.)

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