Parents of Teen Drivers and Liability in Illinois

According to the Centers for Disease Control and Prevention, more than 350,000 American teens between the ages of 15 and 19 were treated in emergency departments for injuries resulting from car accidents in 2008. While 15 to 24-year-olds represent just 14% of the US population, they account for 30% of the total costs of motor vehicle injuries among men and 28% among women.

Parties to an accident may try to hold parents liable for damages caused by their teen driver. Some parents may be held responsible for their children’s actions while driving or may be at risk of losing insurance coverage, depending on the situation.

Graduated driver’s license

In Illinois, teen drivers must go through several stages before they can get an unrestricted driver’s license. The stages include:

• Permit Phase: Teenagers are eligible to obtain an instruction permit from the age of 15 and must have written consent from their parents or legal guardians.
• Initial license phase: 16 and 17 year old drivers can obtain an initial license as long as they have fulfilled all the required terms as an authorized driver
• Full License Phase – Drivers who have completed the permit and initial license requirements can apply for a full license between the ages of 18 and 20.

Additional conditions apply to drivers with an instruction permit or initial license, including night curfews, education and training requirements. Teen drivers are prohibited from using cell phones while driving, except for emergency calls.

insurance requirements

Illinois drivers are required to have liability coverage, which is broken down as follows:

• Bodily Injury: Illinois law requires drivers to carry bodily injury coverage of at least $20,000 per person per accident and $40,000 total per accident.
• Property Damage: Drivers in Illinois must carry property damage coverage of at least $15,000 per accident.

Teens should have the same minimum coverage as adult drivers, but parents may want to consider purchasing additional coverage given the high incidence of accidents for new drivers. Drivers in Illinois can purchase uninsured or underinsured motorist coverage to cover their injuries and damages if the person causing the accident is underinsured. Uninsured and underinsured coverage is extremely affordable. As low as $20 per year for $300,000 in coverage. Parents of teens are urged to purchase the highest limits allowed by their insurance company.

Parent Responsibility

Under Illinois law, parents may be held liable under the agency’s theory for their child’s negligent driving if the child was engaged in the parent’s business at the time of the accident. That is, parents are not responsible if they simply allow the child to use the car for their own purposes, but they will be responsible if the child is running a family errand.

What constitutes the parent’s business is determined on a case-by-case basis, based on the facts of any particular situation. Examples of errands that the court has considered to be family business include when the boy went to the store to buy groceries or picked up her shoes at the shoe repair shop. Because parents have an obligation to feed and clothe their children, when a child drives a family vehicle with permission and in order to help with these obligations, the court determines that the child is running a family errand.

When the teenager uses the car solely for their own purposes and pleasure, the parents will not be responsible.

Additionally, parents should consider the provisions of their insurance policy. Insurers may exclude certain acts from coverage. For example, an insurance company may refuse to cover illegal activities, such as a parent giving his child alcohol and then allowing her to drive. Expenses incurred in any resulting accident must be paid out of pocket by the parent and child.

Parents of teen drivers may have questions about their duties and responsibilities. An attorney can offer guidance to parents who are wondering what to do if their teen driver is in an accident. An attorney can assess the situation and advise whether the other party can try to sue the teen, the parents, or both.