What is a parents’ liability when their minor child is involved in an Palm Beach County accident?

A parent is generally not liable for acts committed by their minor children. However, in the instance of automobile accident, this is excused if the parent executes or signs a driver’s license application on behalf of the minor child. By law, any person who is applying for a driver’s license under the age of 18 must have the application signed by a parent or guardian, or someone who will assume the statutory obligations. If the minor is subsequently negligent in the operation of a vehicle prior to reaching the age of 18, the person who signed the application is jointly and severally liable with the minor for the negligence of the minor. F.S. 322.09(1)(a),(2).

According to Hartford Accident & Indemnity Co. v. Ocha, 472 So.2d 1338 (Fla. 4th DCA 1985), this statute was intended to make a parent only liable for actual damages by the minor, as opposed to punitive damages. If the minor is operating a vehicle that is owned and insured by the parent who signed the minor’s application, then both the minor and parent will be covered, unless the minor didn’t live with the parent at the time of the accident. Consider the case of State Farm Mutual Automobile Insurance Co. v. Swetokos, 566 So.2d 901 (Fla. 4th DCA 1990), where the minor was operating a vehicle owned by his grandfather, but his father signed the license application and he was not living with the father. The Florida court decided that the minor did not fall within the “relative” definition of the policy, so the father was not entitled to the liability protection under the nonownership coverage. However, the father was liable under F.S. 322.09(2), but didn’t get any coverage benefits. This is a very important to keep in mind when signing the driver’s license application for a minor child because the parent/guardian will be liable even if the child moves out of the house prior to turning 18 years old.
The policy must be carefully reviewed to ensure that the insurer is not excluding coverage based on an incorrect assessment of the policy. Where a parent signs a driver’s license application for a minor, the parent will be liable for negligent operation by the minor until the minor is emancipated because of age or marriage. These small contract distinctions when a minor is involved in an accident can mean the difference between crippling your family financially and ensuring that your family maintains a comfortable lifestyle. By contacting a knowledgeable and experienced Palm Beach County accident attorney, you will ensure that your family does not prematurely give up any rights owed to them by the insurer.