If you were involved in a car accident with a teenager, under Florida’s no-fault insurance system, you would file an insurance claim under your personal injury protection (PIP) coverage. Under this system, you have access to medical care and lost wages regardless of fault. However, some conditions would allow you to file a claim against the teenage driver if they caused your accident.
If you have questions regarding fault, insurance coverage, and your legal options after a teenage driver caused your accident, a Fort Lauderdale car accident attorney can provide guidance.
Florida’s No-Fault Insurance System
Under Florida Statutes § 627.736, drivers must carry personal injury protection (PIP) auto coverage. The minimum coverage amount is $10,000, and it covers roughly 80% of necessary medical care and 60% of your lost wages while you recover. These benefits are available to you regardless of fault, whether the accident was caused by you or the teenage driver.
This insurance applies no matter who was responsible for the accident. However, there are key limitations:
- PIP does not cover pain and suffering or long-term emotional trauma
- It only covers up to the policy limits—often far less than the actual cost of serious injuries
- You must seek medical treatment within 14 days of the accident to qualify for benefits
If your losses exceed PIP limits or you suffered a severe injury, you may be entitled to pursue a third-party claim.
It is important to note that the PIP system, while helpful for minor injuries, can leave victims without the full compensation they deserve in more serious cases. Navigating this system without professional help can also be overwhelming, especially when dealing with mounting medical bills or time missed from work. Seeking legal advice early can significantly improve your chances of obtaining the compensation you’re entitled to.
Filing a Claim Against the Teenage Driver
In any car accident in Florida, you would first file with your insurance company. The state’s insurance laws only allow you to file a third-party claim against the teenage driver if your injuries meet the serious injury threshold. These are:
- Permanent injury
- Permanent or significant loss of a bodily function
- Permanent or significant scarring or disfigurement
- Death of a loved one
In these cases, you can seek compensation for:
- Future medical treatment
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of earning capacity
If you have sustained injuries consistent with these conditions, you could proceed with a claim against the teenage driver. This legal action would enable you to pursue additional compensation for your medical care, lost income, and other losses, including pain and suffering.
Because teenagers are typically covered under their parents’ insurance policies, your claim might actually be filed against the parents’ insurer, not the teen individually. This distinction is crucial when building a case, especially when navigating policy language and coverage limitations.
Moreover, filing a claim does not automatically mean going to court. Most car accident cases involving teenagers are resolved through negotiations. Having an experienced attorney handle these discussions is essential, especially when insurance adjusters attempt to reduce or deny legitimate claims.
How does this process work? Typically, a personal injury attorney will investigate your accident, collect evidence (medical records, crash reports, expert opinions), and negotiate with the at-fault driver’s insurance company on your behalf. If negotiations fail, filing a lawsuit might be necessary to recover the compensation you deserve.
Parental Responsibilities for Teen Drivers
Under Florida Statutes § 322.09, parents become legally responsible for their teenage children when they sign the minor’s driver’s license application. Plus, depending on the conditions in the parents’ auto insurance policy, the teen driver would likely be covered by the parents’ policy. So, if the teenage driver caused an accident, and you meet the serious injury threshold, you could pursue a claim against the parents’ auto policy.
However, insurance companies often attempt to minimize payouts or argue that their policy limits should apply strictly. This is why having a skilled attorney review the insurance policy and navigate negotiations is vital.
Parents can also be held liable under Florida’s “dangerous instrumentality doctrine,” which holds vehicle owners accountable for negligent use of their vehicles by others. This doctrine ensures that victims of teen driver accidents are not left without recourse when serious injuries occur.
In addition to direct liability, parents may also face exposure under negligent entrustment claims. If it can be proven that a parent knowingly allowed a reckless or irresponsible teen to operate a vehicle, this may create grounds for an expanded claim. For example, prior citations, poor driving records, or incidents of reckless behavior could be used as evidence.
Insurance coverage disputes are not uncommon in these cases. Some policies contain exclusions for drivers who are unlicensed or not permitted. A car accident lawyer can evaluate whether these exclusions apply and help determine all potential sources of recovery.
The Importance of Uninsured/Underinsured Policies
UM/UIM insurance policies provide additional protection to you when a negligent driver has no insurance or insufficient coverage. Since the legal minimum insurance coverage limit is only $10,000, this coverage can be quite important to carry.
Teen drivers often carry minimal insurance, which may not be enough to cover your damages. This is why uninsured/underinsured motorist (UM/UIM) coverage is so crucial.
UM/UIM insurance helps cover your:
- Medical bills that exceed PIP
- Lost income
- Pain and suffering
- Other out-of-pocket costs
If the teen driver lacks sufficient insurance or has none at all, your attorney can help file a claim under your UM/UIM policy. Many Florida residents are unaware this protection is available until after an accident occurs.
This coverage can also be crucial in hit-and-run accidents involving teenage drivers, who may panic and flee the scene. In these situations, having UM/UIM coverage may be your only path to compensation.
It is also worth noting that some UM/UIM policies provide stacking coverage, which multiplies available compensation depending on the number of vehicles insured. These provisions should be carefully reviewed by an attorney during the claims process to ensure compliance.
What Are the Main Causes of Teenage Car Accidents?
According to Florida Highway Safety and Motor Vehicles (FHSMV), 80,300 of the 716,415 crashes in 2023 involved teenage drivers. In those Florida teenage car accidents, the most common causes included the following:
- Driver inexperience
- Distracted driving, such as texting while driving
- Speeding
- Nighttime driving
- Impaired driving
Parents can help reduce these risks by encouraging safe driving habits, limiting night driving, and promoting defensive driving courses.
Research from the Centers for Disease Control and Prevention (CDC) also shows that teenagers are more likely to underestimate dangerous situations or fail to recognize hazardous conditions. This behavioral immaturity, paired with a lack of experience, greatly increases the likelihood of crashes involving young drivers.
In Florida, the Graduated Driver Licensing (GDL) program aims to mitigate these risks by gradually introducing driving privileges. However, violations of GDL restrictions—such as driving at night or with passengers—remain a significant factor in teenage collisions.
You Must Prove Negligence to File a Claim
To file a third-party claim, we must be able to demonstrate negligence. Our Fort Lauderdale personal injury lawyer could collect evidence in your car accident case, such as:
- Police reports
- Medical records
- Photos and video
- Phone records
- Witness statements
- Expert testimony
- Vehicle maintenance records
An experienced personal injury attorney will gather and present this evidence to establish:
- Duty of care
- Breach of that duty
- Causation linking the breach to the accident
- The damages you suffered as a result
We can use this evidence to prove who was at fault, how the accident occurred, and the damages you suffered. In fact, we can handle the entire legal process and allow you to recover in peace with your family.
Florida follows a modified comparative negligence rule, which means that if you are found to be partially responsible for the accident, your compensation may be reduced accordingly. However, if your level of fault is deemed to be over 50%, you may be barred from recovering damages altogether. This is another reason why professional legal guidance is essential.
Learn More About Your Right to File a Claim Against a Teen Driver
Depending on the circumstances of your car accident, you may be able to file a claim against a teenage driver. Call the Law Offices of Wolf & Pravato at (954) 633-8270 today. A member of our legal team can explain your options for seeking compensation during a free case consultation.
You don’t have to navigate the complexities of insurance law alone. At Wolf & Pravato, we have decades of experience handling claims involving teenage drivers and their families. Whether you’re pursuing a claim against the teen’s insurance, the parents, or through your own UM/UIM policy, our attorneys will provide clarity, guidance, and aggressive advocacy every step of the way.
