It’s Summer, and all the kids are out of school. You’re driving down A1A on Fort Lauderdale Beach when a young driver hits your car. In Florida, you can receive compensation through your personal injury protection (PIP) policy, but can you sue a minor? Can you even settle if the at-fault driver is a minor?
Some exceptions will allow you to file a personal injury lawsuit against the at-fault driver, even if they are under 18, but there are special circumstances when seeking a settlement. Below, ourFort Lauderdale car accident attorneys explain more.
Florida’s No-Fault Insurance System Explained
PerFlorida Statutes § 627.736, the law requires you to carry a personal injury protection (PIP) policy. The minimum coverage you must carry is $10,000. The benefits of that coverage include the following:
- 80% of your medical expenses
- 60% of your gross income while you recover
- $5,000 in death benefits
You must also carry a minimum of $10,000 in property damage liability (PDL), which covers any damage you cause to another car or property.
Under this no-fault system, your PIP covers your injuries regardless of fault, regardless of the age of the other driver. You will need medical records to use your PIP coverage, and you must see a doctor within 14 days of the accident.
If you suffer any serious injury, though, your medical bills will most likelyexceed your PIP policy limits. However, you may be able to step outside the no-fault system.
Can You Sue a Minor for a Car Accident Under Florida Law?
Yes, you can sue a minor for a car accident if you meet the serious injury threshold underFlorida Statutes § 627.737. The exceptions to the no-fault system are as follows:
- Permanent injury
- Significant and permanent scarring or disfigurement
- Significant and permanent loss of an important bodily function
- Death
If your injuries meet these conditions or you have lost a loved one, you can file a lawsuit against a minor.
Legally, a lawsuit against a minor would fall under parental liability. You would not so much be suing the minor but rather the parents or guardians, since they would be financially responsible for your losses.
Liability and Insurance Coverage for Minor Drivers
When a minor applies for their driver’s license, their application must be signed by their parent or guardian, making the parent or guardian financially responsible for any accident the minor causes, perFlorida Statute § 322.09. Furthermore, the minor is then covered under their parents’ or guardians’ insurance policy.
Regardless of the age of the minor, you can still negotiate a settlement offer from the insurer. However, insurance companies will look for any opportunity to devalue or dismiss a claim. For example, an insurer could deny a claim if the minor was driving without permission and the policy includes an exclusion.
A lawyer can review policy terms, develop a legal strategy for your case, and protect you from questionable tactics.
How Settlements Work When the At-Fault Driver Is a Minor
Florida law requires extra steps to finalize a settlement when the at-fault driver is under 18. Minors generally cannot sign legally binding contracts, so the financially responsible parent or legal guardian must approve the agreement.
If the settlement exceeds $15,000, court approval may be required, perFlorida Statutes § 744.387. A judge reviews the terms to ensure fairness, and in some cases, appoints a guardian ad litem to protect the minor’s legal interests.
These safeguards can add time to the process, but they do not prevent you from reaching an agreement. With guidance from an attorney, injury victims can still recover fair compensation even when the responsible driver has not yet reached adulthood.
Actions You Can Take to Secure Compensation
In addition to having the required auto insurance coverage, we also suggest carryinguninsured/underinsured motorist (UI/UIM) coverage, as Florida has many uninsured drivers and frequent tourists.
If your injuries permit, you can aid in your claim by collecting evidence while at the accident scene. Take photographs of your injuries and the vehicles, and exchange contact and insurance information with the minor driver. If there are witnesses, ask for their contact information. Also, call 911 so that the law enforcement can generate apolice report. This will provide valuable information. And do not postpone seeing a doctor. See one immediately.
You should avoid admitting any fault or posting on social media until your claim is resolved. And do not give a recorded statement to the insurance companies until you have had a chance to consult with a lawyer.
Learn More About Reaching a Settlement in Your Fort Lauderdale Accident Claim
Whether the driver is a minor or at retirement age, you can settle your car accident claim, and we can help. TheFort Lauderdale personal injury lawyers with the Law Offices of Wolf & Pravato can protect your rights and explain the legal process when a minor is involved. We provide free case consultations for accident victims and work on contingency.
Call (844) 643-7200 today and discuss your case with a member of our staff.