Maryland Teen Driver Accidents: Can You Sue a Minor for Your Injuries?

If you were hurt in a crash with a minor driver in Maryland, you can sue for compensation, but you’ll typically file a claim against the parents’ auto insurance policy, not the teen directly. Parents who own a vehicle and allow their teenage driver to use it are usually liable for any damage that driver causes.

Accidents with teenage drivers are more common than you might think. An average of 23 young drivers ages 16-20 are killed each year in Maryland. Male drivers make up 58% of all young drivers involved in crashes and 83% of those killed, according to the Maryland Highway Safety Office.

Discover who pays for your injuries, when you can sue parents, and what to do immediately after a teen driver car accident.

Who Pays When a Teen Driver Causes an Accident in Maryland?

In most Maryland teen driver car accidents, the parents’ auto insurance company pays for the damages. Teenagers rarely own their own vehicles or carry separate insurance policies. Instead, they’re added as drivers on their parents’ policy.

When parents own a vehicle and permit their child to drive it, the parents become legally responsible for any injuries or property damage that their child causes. It doesn’t matter whether they gave permission for a specific trip or just made the vehicle available to the teen; they’re still on the hook.

Unfortunately, Maryland’s minimum insurance requirements of $30,000 per person and $60,000 per accident won’t cover serious injuries from a teen driver crash. So when you’re facing $100,000 in medical expenses, and the insurer offers you only $30,000, you’ll need to consider suing the parents personally under Maryland’s negligent entrustment doctrine.

Negligent entrustment is when someone lets another person use their car knowing that the person is incompetent, reckless, or dangerous. Teenage drivers are neurologically more prone to risk-taking. The prefrontal cortex, which controls decision-making and impulse control, is still developing in teenagers. This can make dangerous choices, such as drunk driving, more likely.

Can Parents Deny They Gave Permission for a Teen to Drive?

Parents can say that they refused permission, but this defense rarely succeeds in Maryland teen driver accident cases. Maryland courts usually apply implied permission, which means that if the car keys were accessible to the teenager, parents generally gave permission to drive.

Parent liability becomes clearer when the teen violated Maryland’s Graduated Driver Licensing (GDL) restrictions:

• GDL Restriction 1: Provisional license holders under 18 cannot transport passengers under 18 (except siblings) for the first five months.
• GDL Restriction 2: No driving between midnight and 5 a.m. unless for work, school, or medical emergencies.
• GDL Restriction 3: Learner’s permit holders must have a supervising licensed driver age 21 or older in the front seat.

Can You Sue Parents Personally for a Teen Driver Accident in Maryland?

Maryland law allows you to sue parents personally under the negligent entrustment doctrine when insurance coverage isn’t enough to pay for your damages. This legal theory holds car owners responsible when they knowingly allow someone they know isn’t a safe or capable driver to use their vehicle.

To succeed with a lawsuit, you must prove the parents knew or should have known their teen was a dangerous driver. Evidence can include:

• A history of speeding tickets
• Previous at-fault accidents
• Reckless or DWI driving charges
• A suspended license

Filing a personal injury lawsuit against the parents can be a crucial lifeline, allowing you to recover fair compensation when your losses, like medical bills and lost wages, exceed the $30,000 minimum insurance coverage.

Why Are Teen Driver Accident Cases Challenging?

Getting justice if you’re hit by a teen driver can be tricky. Insurance companies may use the driver’s age to minimize your claim, claiming the accident was just a “youthful mistake” or a “learning moment.” And they may use Maryland’s contributory negligence law to deny your claim entirely.

If the insurance company can prove you were even 1% responsible, you could end up with nothing. And expect an adjuster to scrutinize every detail of your claim, trying to pin some blame on you. Were you going 5 mph over the speed limit? Perhaps you could have braked earlier?

Maryland is one of only four states using this all-or-nothing rule, and insurance companies exploit it to protect their bottom line.

What to Do Immediately After a Teen Driver Accident in Maryland

The steps you take in the first hours after a teen driver accident can make the difference between recovering fair compensation and walking away with nothing. Failing to collect evidence or waiting too long to seek medical advice can also be expensive mistakes. Here are your next best steps:

• Document violations (if any): Note the number of teenage passengers. Did the crash occur between midnight and 5 a.m.? Record the exact time. Photograph all vehicle damage, license plates, road conditions, and traffic signals.
• Get parents’ contact and insurance information: Ask for the parents’ names and addresses, phone numbers, insurance company, and policy number.
• Report the crash to local police: Maryland law only requires a written accident report when someone is injured or killed. But it’s still smart to report even minor crashes to police so there’s an official record.
• Seek medical attention as soon as possible, even if you feel fine. Adrenaline can mask serious injuries like whiplash and concussions. Promptly seeing a doctor and obtaining a medical report can be crucial for your claim.
• Contact a Maryland teen driver accident lawyer. Maryland Courts & Judicial Proceedings § 5-101 gives you three years to file a lawsuit, but waiting too long could harm your case, as some evidence, like traffic camera footage, disappears quickly.

Why You Need a Maryland Teen Driver Accident Lawyer

Insurance companies may start working on minimizing claims immediately. They’ll defend the parents’ policy and dig for any excuse to blame you under Maryland’s 1% fault rule. This is when you need legal representation to level the playing field. An attorney can prevent an insurer from undermining the compensation you need to put your life back together after an accident with a teen driver.

The David I. Steinberg Law Group has handled personal injury cases in Maryland for decades. We can help you gather the evidence you need to prove parental negligent entrustment and protect you from saying anything that could destroy your claim under contributory negligence. We serve clients throughout the Maryland Capitol Region, with offices located in Silver Spring, Clinton, Baltimore, and Columbia.

Contact us today for a free consultation to learn about your rights and legal options. We handle personal injury claims on a contingency fee basis. You pay nothing unless you win and recover damages.

Frequently Asked Questions

Can I sue a teenage driver even if they weren’t texting or speeding?

Yes. You can sue a driver even if they weren’t violating specific traffic laws. Maryland law requires all drivers, including teens, to use reasonable care behind the wheel. If a 16-year-old misjudged a turn or failed to check a blind spot, that conduct can still be negligent even without a traffic violation.

What if the parents claim their teenager wasn’t listed on their insurance?

You may still recover compensation. Even if the teen wasn’t explicitly listed on the policy, the parents’ insurance typically covers the crash if the teen had permission to drive (including implied permission, such as regular access to the keys). You also have your own uninsured motorist coverage as a backup.

Can I file a claim if I am also a teenage driver?

Yes, absolutely. Your age is irrelevant to your legal right to pursue compensation in Maryland. What matters is who caused the accident. If the other teenage driver was 100% responsible for causing the crash, your age shouldn’t prevent you from recovering full and fair compensation.

Does a GDL violation automatically mean I’ll win my case?

No, but GDL violations can significantly strengthen your claim. For example, when a provisional license holder was transporting three passengers at 2 a.m. (all violations of Maryland’s passenger and nighttime restrictions), you’d have powerful evidence of negligence.