What If the Hit and Run Driver is a Minor?
When the hit-and-run driver is a minor, both the driver and their parents can be held legally liable. According to Florida law, you can pursue compensation through the parents’ insurance. In some cases, you may even file separate claims based on doctrines like negligent entrustment or family purpose liability.
If you were hit by a minor in a hit-and-run, experienced attorneys at Todd Miner Law can help you take quick legal action. Even if authorities cannot identify the driver, we pursue compensation through your uninsured motorist coverage. Our team will gather records of medical expenses, file claims on time, and meet all legal requirements. We’re ready to fight for your rights with a strong track record of recovering millions for accident victims across Florida. Call 407-894-1480 today for expert legal help.
What Should You Do If the Hit-and-Run Driver Is Underage?
If the hit-and-run driver is underage, report the crash to a police officer right away and get medical attention. Also, try to collect all the details about the vehicle and notify your insurance company quickly. It’s also important to consult an attorney. They can help locate the teen driver, assess parental responsibility, and file claims under the right insurance policy.
Here’s how these key steps can help protect your rights after a misdemeanor hit-and-run crash:
- A police report allows officers to begin an investigation while the evidence is still fresh. This increases the chances of identifying the minor driver.
- Photographing the crash site, property damage, skid marks, and any debris left behind proves useful in reconstructing the event and recognizing the car.
- Notifying your insurer quickly ensures they cannot delay or deny your claim. This step allows them to start coverage assessments, including whether uninsured or underinsured motorist benefits apply.
- In cases involving minors, witnesses may notice school stickers, backpacks, or behavior. Their statements can help identify the driver’s age and identity.
- If you manage to gather details about the vehicle, like its color, make, model, or visible dents, law enforcement can use this to track the driver. They compare these descriptions with DMV vehicle registration records and video footage to narrow down potential matches.
Are Parents Responsible for Their Child’s Hit-and-Run Accident?
Yes, Florida law holds parents responsible when their child causes a hit-and-run accident. If parents sign the teen’s license or own the vehicle involved, they become responsible for any injuries and property damage caused by the motor vehicle crash. They may also share responsibility if their insurance policy covers the vehicle.
In such situations, parents’ responsibility applies under Section 322.09(1)(b) of Florida law. If a person under 18 applies for a driver’s license, a parent, guardian, or responsible adult must sign the application. By signing, they agree to take legal responsibility for any damage the minor causes while driving.
In addition, Florida’s Graduated Driver Licensing (GDL) also plays an important role. This program restricts how teen drivers can operate a vehicle. For example, driving outside approved hours or breaking passenger restrictions can indicate reckless driving. Courts may view these violations as a sign that the parent failed to promote safe driving habits, further increasing their fault.
How Does the Family Purpose Doctrine Affect an Auto Accident?
The Family Purpose Doctrine holds parents or property owners legally responsible when a family member causes an accident. If the vehicle was available for general family use, the law treats the driver’s actions as the owner’s responsibility, even if the owner wasn’t present when the incident happened.
This doctrine applies even if the child is not named on the vehicle’s insurance policy. Instead, courts primarily focus on how the vehicle is used. If the car was available to the minor for school, routine tasks, or personal trips, it highlights ongoing permission by parents. In this case, you can hold the parents accountable. Moreover, judges also consider who controls the car. If the parent handles maintenance, pays for gas, and sets driving rules, that increases their share of fault.
What Are the Statutes of Limitations for Filing a Minor Claim?
If a minor causes a car accident in Florida, you generally have two years to file a personal injury lawsuit under Florida Statutes § 95.11(4)(a). This time limit starts on the date of the accident. You must act quickly, as delays can make it difficult to gather evidence, prove fault, and recover full compensation.
Although this deadline applies to most personal injury cases, here are a few exceptions:
- The at-fault driver leaves Florida and cannot be contacted. In this situation, the law may pause the statute of limitations until they return.
- The injured party is unable to take legal action right away due to the severity of their physical or mental condition.
If you were hit by a minor driver, submitting your claim on time is important to protect your legal rights. At Todd Miner Law, our car accident attorneys gather evidence, medical records, and accident reports quickly. We build a clear, well-documented case and file your claim before the deadline. Contact us today for a free consultation with our expert legal team.
Can the Negligent Entrustment Rule Apply in a Car Accident?
Yes, the negligent entrustment rule can apply in a motor vehicle accident involving a minor driver. The law may hold a parent liable if they allowed their child to drive despite knowing they were careless, untrained, or unsafe. This rule often applies when the teen has a history of speeding, drug usage, traffic violations, or ignoring driving rules.
If a parent knows their child has a suspended license, they have a duty to keep the car out of reach. Giving them access to the vehicle again, especially after a recent crash, can strongly support a negligent entrustment claim. This type of claim is separate from the standard negligence case against the teen. If it applies, you can file two claims at once, against the minor driver and the parent. This can help you seek compensation from multiple sources, especially if the minor’s insurance coverage is limited or non-existent.
How Does Insurance Coverage Apply in a Minor Hit and Run Accident?
If the vehicle is insured under the minor driver’s parents’ name, you’ll likely receive coverage through that policy. This is applicable when the parent owns the car or signed the minor’s license. However, if law enforcement agencies cannot find the driver after the crash, uninsured motorist coverage may become your primary source of compensation.
Additionally, if the other party has limited coverage, you may benefit from the underinsured motorist policy. It covers damages that exceed the other driver’s policy limits. In cases involving serious injuries, Florida’s Personal Injury Protection (PIP) coverage also applies. It pays 80% of medical bills and 60% of lost wages, up to $10,000 per person. However, to qualify, you must seek medical care within 14 days of the accident. A lawyer can help ensure you meet this deadline, submit all required documentation, and access the full benefits available under your policy.
Todd Miner Law Will Help You Get Justice in a Minor Hit-and-Run Accident — Get a Free Case Review Now!
When a minor driver causes an accident and escapes the accident scene, the process of claiming compensation becomes complex. You may need to prove who owns the vehicle, whether the parents gave permission to drive, and which insurance policies cover the damages. These cases also involve doctrines that require close legal review.
At Todd Miner Law, we have handled many cases involving underage drivers. Our attorneys investigate parental liability and examine driving history for reckless behavior. We also check for signed license consent forms and assess detailed insurance information. Our goal is to build a strong legal case and identify every party that is financially responsible. Call 407-894-1480 or visit us at 915 Outer Rd, Orlando, today for a free case review. We won’t charge any legal fees until we win your case.
FAQs
What Penalties Do Minors Face for Hit-and-Run?
Minors can face both civil and criminal charges for a hit-and-run in Florida. Serious offenses may include license suspension, probation, community service, or even jail time in serious cases. In addition, they and their parents may be liable for damages. The severity of penalties depends on whether the accident resulted in injuries, death, or property damage.
Can a Minor’s Criminal Record Be Expunged?
Yes, a minor is eligible to expunge their criminal record under certain conditions. They must complete a diversion program and meet Florida’s expungement requirements. However, serious charges involving injury or death may disqualify them. Expungement also typically requires a clean record after the offense and formal approval from the court.
Can Parents Revoke Consent for a Minor’s License?
Yes, in Florida, parents who sign a minor’s driver’s license application can revoke their consent at any time. To do so, they must submit a written request to the Department of Highway Safety and Motor Vehicles. After processing the application, the department will cancel the minor’s license until the minor reaches 18 or receives consent from another legal guardian.
Does a Hit-and-Run Conviction Affect Insurance Rates?
Yes, a hit-and-run conviction can significantly raise a driver’s insurance premiums, even for a minor. Insurers view hit-and-run charges as high-risk behavior. In some cases, they may drop coverage entirely or refuse to renew the policy. The long-term financial impact can be severe, especially when liability claims are present.
What Is Florida’s Graduated Driver Licensing?
Florida’s Graduated Driver Licensing (GDL) program is a three-phase system for teens learning to drive. It aims to build safe driving habits before giving full driving privileges to minors. The program includes a learner’s permit, an intermediate license with restrictions, and an unrestricted license. To reduce crash risks, the program implements restrictions like supervised driving, curfews, and passenger limits.
Do I Need Car Accident Lawyers for a Minor Hit-and-Run?
Yes, you should seek legal assistance after a hit-and-run with a teenage driver. A lawyer can assess whether the parents share liability, gather evidence, and help meet filing deadlines. They also review insurance coverage and determine whether doctrines like negligent entrustment or family purpose apply. Acting early with legal support can increase your chances of a full financial recovery.
What Are the Penalties for a Felony Hit-And-Run?
In Florida, penalties for felony hit-and-run may include up to 30 years in prison, huge fines up to $10,000, and permanent license cancellation. These severe penalties can also apply to minors in some cases. In addition, the court may impose restitution and other possible consequences depending on the facts of the case.
