Can You Sue a Minor for a Car Accident in Georgia?

Being involved in a car accident in Georgia can leave you facing medical bills, lost income, long-term pain and suffering, and many questions. And when the at-fault driver is a minor, the legal questions get even more complicated. Can a minor be sued for damages? Are their parents responsible? And how do insurance rules affect your injury claim? 

Here’s what Georgia law says, and how an experienced car accident lawyer helps protect your rights.

How Georgia Law Handles Car Accidents Involving Minors

In Georgia, a minor can be found at fault for a motor vehicle accident, but that doesn’t mean they’re the one who gets sued. Minors usually don’t have their own insurance or assets, so liability gets passed through their parents or guardians. Most minor drivers are listed under a family auto insurance policy, and in the majority of cases, the insurer will handle the claim if the teen causes a crash. 

However, there are situations where parents can be held personally liable, particularly when they allowed a teen to use a car negligently or in violation of the law.

When You Can Sue a Minor After a Georgia Car Accident

It is legally possible to file a lawsuit against a minor, but it’s not the most effective approach. Minors lack financial resources, and the legal system recognizes their limited capacity. Instead, your lawyer will likely pursue compensation through the parent’s insurance, or by filing suit against the parents themselves. This is a useful strategy in cases where the damages exceed insurance policy limits or when coverage is denied. If the child’s conduct was particularly reckless or unlawful, and the parents played a role in enabling that conduct, civil liability may shift in their direction

Georgia’s statute of limitations for personal injury claims is two years, but if the at-fault driver is a minor, certain exceptions may extend the filing deadline (sometimes until after their 18th birthday) depending on the circumstances.

Who Pays for Damages When a Minor Causes a Car Accident in Georgia?

The first line of financial responsibility usually falls on the auto insurance policy covering the vehicle involved in the crash. In most cases involving minors, this is a parent’s or guardian’s policy. That insurance may cover medical bills and property damage, or other losses resulting from the crash. 

But when a claim exceeds the available coverage, or if the insurance company disputes the claim entirely, injured victims may seek compensation from the parents directly. The ability to do so usually depends on proving negligence on the part of parents or guardians in supervising the teen or allowing them access to the vehicle.

How Georgia’s Family Purpose Doctrine May Affect Your Claim

Georgia law allows injured parties to hold parents liable under what’s known as the family purpose doctrine. This legal theory applies when a parent owns or controls a vehicle and provides it for general family use. If a minor who lives in the household causes a crash while using the car with permission, the parent can be held financially responsible for the resulting injuries and damages. Courts in Georgia have upheld this principle when the facts show that the vehicle was maintained for the family’s benefit and the parent had knowledge of or control over its use.

Insurance Rules for Minor Drivers in Georgia Car Accident Claims

Georgia law requires all vehicles to carry minimum liability insurance, but there’s no requirement for minors to hold individual policies. Teen drivers usually get added to a parent’s existing auto insurance, and claims involving accidents are handled through that policy. 

Problems happen if the minor was not properly listed or if the insurer disputes whether the teen had permission to drive the car. In these cases, your lawyer may need to pursue other options, including litigation against the parents, especially if the insurer refuses to cover the full scope of your injury claim.

What Happens If the Minor Was Driving Without a License?

Driving unlicensed (for minors or adults) is illegal and can support a claim of negligence per se, a legal shortcut that assumes negligence based on a violation of the law. If the parent allowed or failed to prevent the unlicensed driving, they may also be considered negligent. 

Insurance coverage might still apply, but if it doesn’t, the injured party could be forced to seek recovery through a civil claim against the parent. These cases tend to involve disputes over whether the teen had permission to use the vehicle.

Contact an Experienced Georgia Car Accident Lawyer for a Minor-Involved Crash

At Hoffspiegel Law, our skilled car accident lawyers understand how Georgia law treats car accidents involving minors. We know how to investigate all the details and pursue compensation from all negligent parties, including parents when appropriate.

We offer a free consultation to help you understand your legal options. If you’re recovering from a crash involving a minor, contact our law firm today to speak with our personal injury attorneys who can help you get the support you need.