Watching your child grow and learn new skills is one of the greatest joys of parenthood. From taking their first steps to riding a bicycle, and now, getting behind the wheel. Whether your teen is a cautious driver or a bit more adventurous, there’s always a learning curve for new drivers. As your novice driver takes the wheel (especially your wheels), you might be wondering who’s liable if they crash. We sat down with our Personal Injury lawyers at Car Accident Lawyer Calgary to learn more.
The Importance of Insurance
To answer the question of liability (legal responsibility), we first need to discuss insurance. Your policy will usually cover any potential damages in the event of an accident when your teen is driving. If your teenager is borrowing your vehicle regularly, it’s crucial to add them to your auto insurance policy as a secondary or “occasional” driver. As the primary insurance holder and owner of the car, you are likely to be liable if they cause an accident. Keep in mind that you’ll be responsible for paying the difference for any damages your insurance does not cover in the case of a car accident claim. If your teen driver owns their own vehicle, it must be insured under their name, and they are solely responsible.
DID YOU KNOW? If your secondary driver receives multiple speeding tickets, your insurance rates may increase.
The Consequences of Unauthorized Use
It’s no secret that teenagers are often tempted to “borrow” the family vehicle without asking first. But this is where things can get complicated. According to Calgary Highway Traffic Act, the owner of a vehicle is responsible for any loss or damage if the driver had the express or implied consent of the owner. As a result, insurance companies and lawyers must consider something known as “implied consent” when determining liability and Calgary car accident settlements.
Understanding Implied Consent
Imagine you go out of town for the weekend, leaving your teen at home with access to your vehicle. Unless you explicitly state that they are not to use the car while you are away, you may be inadvertently giving your teenager implied consent to use the vehicle. This means that if they take the car and get into an accident, you may still be held liable for potential damages.
Defining Express Consent
In this context, express consent means you have clearly given your teen permission to use your vehicle. Statements like “Yes, you can use the car this weekend,” “You may borrow the car anytime,” or “You can take the car to the movies tonight” are all examples of express consent. As the policy holder and owner of the vehicle, you may be liable if your teen gets into an accident while driving with your consent.
Navigating the aftermath of a car accident caused by a teen driver can be overwhelming and confusing. That’s where the experienced Personal Injury lawyers at Car Accident Lawyer Calgary come in. Our dedicated team is here to help you understand your rights, responsibilities, and options in the event of an accident.
We believe that everyone deserves access to quality legal representation, which is why we offer free initial consultations and a contingency fee structure. This means you don’t pay unless we win your case. Our goal is to make the process as stress-free as possible, so you can focus on what matters most – your family’s well-being.
If you or your teen driver has been involved in a car accident in Calgary , don’t hesitate to reach out to Car Accident Lawyer Calgary. We’re here to help you navigate this challenging time with compassion, expertise, and a commitment to securing the best possible outcome for your case. Contact us today by phone, email, or through our website to schedule your free consultation.
What if my teen took the vehicle without consent?
If anyone takes a car without the owner’s consent, the car is essentially uninsured. If your teen is responsible for an accident, they could be personally liable for damages caused. Calgary Motor Vehicle Accident Claims Fund (MVACF) was established by the province to offer victims of hit-and-run accidents, or accidents involving uninsured drivers, the opportunity to receive compensation for personal injuries. The maximum combined limit for compensation is $200,000. The MVACF does NOT provide any compensation for property damage (i.e., car, bike, etc.) and does NOT guarantee compensation for injuries. The other insurer might cover some personal damages, but the responsibility for damages is going to be the teen’s personally.
What if my teen gets in an accident while running an errand for the family?
As long as you are the owner of a vehicle and have control over your teen’s use of that vehicle, you can be held liable if they cause an accident while using the vehicle to run an errand for the family. You could even be liable if your teen driver decides to go on a joy ride while they are out with your vehicle, and that causes an accident.
As a parent, you can best protect yourself from liability due to teen driving accidents by having them take out their own auto insurance policies.
Enroll your teen in driver training!
In Calgary , motor vehicle incidents are one of the leading causes of injuries in teens. Driver training is the grown-up version of training wheels. This is a great opportunity for your teenage driver to gain experience behind the wheel with a certified instructor. Driving school can significantly improve your teen’s skills on the road for when they get their own car or borrow yours. Not only will the training help keep your child (and others) safe on the road, but it may also lower their insurance premiums.
We hope this article provided you with some helpful information about teen drivers and liability. This is an exciting time for your teenager. Help them gain confidence and independence on the road while understanding the liability.
If you or your teen driver has been involved in a car accident in Calgary , the experienced Personal Injury lawyers at Car Accident Lawyer Calgary are here to help. We understand the unique challenges that come with teen driving accidents and are dedicated to helping you navigate the legal process with compassion and expertise.
Our team believes in making the process as stress-free as possible, which is why we offer free initial consultations and a contingency fee structure. This means you don’t pay unless we win your case. We’re committed to securing the best possible outcome for your case, so you can focus on your family’s well-being.
Don’t hesitate to reach out to Car Accident Lawyer Calgary if you have questions about car accident claims in Calgary . You can give us a call, fill out our online contact form, or chat with us directly through our website. We’re here to help you every step of the way, because we believe that everyone deserves access to quality legal representation and support during this challenging time.