Who is responsible if a student driver is in an accident? If a student driver caused an accident in Utah, their parent or guardian is usually considered responsible for property damage and any damages not covered by their no-fault injury insurance. If the student driver was not negligent and was not to blame for the accident, other parties may be liable.
Depending on the circumstances, another driver may be responsible for the accident, a driving school may be liable, or if the accident was caused by mechanical failure, a workshop or manufacturer may be to blame. When it is not clear who is responsible in a student driver accident, a Salt Lake City teen driving accident lawyer should be able to find answers.
Student Driver Permits And Who is Responsible For Accidents
A minor can get a student driver’s or learner’s permit anytime from the age of 15. This allows them to get the 40 hours of driving experience they need to get a provisional license. A parent or guardian must sign a permission form certifying that their insurance covers the student driver.
By doing so, the parent or guardian accepts liability for any accident the young driver causes. Of course, their student driver’s permit does not mean a youngster can take to the roads unsupervised. Learner permits have restrictions. Specifically, a student driver can only drive if a parent, legal guardian, or driving instructor is seated beside them.
Most car accident injuries in Utah are handled on a no-fault basis. Each driver’s insurance policy pays for their damages even if the student driver caused the accident. However, if the accident is a serious one, the person who is responsible if a student driver is in an accident may be held liable. In addition, property damage is handled on an at-fault basis.
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When The Parent is Not Responsible For a Student Driver’s Accident
As we have noted, there are exceptions to the general rule, which is that a parent or guardian who signed permission for the student driver’s permit is responsible if a student driver is in an accident.
Another Driver is Responsible
Accidents with student drivers may have nothing to do with their inexperience. For example, if a careless driver rear-ends a student driver at a traffic light, the student driver is not at fault. That means that their parent or guardian cannot be seen as having any responsibility for the accident.
The Driving School is Responsible
Having a driving instructor does not necessarily mean that the instructor is responsible if the student driver causes an accident. Usually, the parents remain liable. However, if the instructor was negligent or should not have been appointed in the first place, the driving school may be liable.
The same is true if the driving school provided a car they knew, or should have known, to be unsafe. For example, if they should have known the car’s brakes were not working properly, and this led to an accident, the driving school can be held responsible.
A Workshop or a Car-Maker is Responsible for the Accident
In a related point, a mechanical failure that led to a student driver’s accident could be the fault of a workshop or manufacturer. If this can be shown, the parent is not responsible for the accident. In all of the above, it is wise to have a good lawyer to work on the case.
No-Fault Insurance and Why Allocating Responsibility Still Matters
It is important to understand Utah’s no-fault insurance. To keep most car accident injury cases out of court and to ensure faster payments from insurance companies, Utah is among the few states that have no-fault injury insurance. All drivers must have this type of insurance to be on the road legally. There is also a requirement for at-fault property damage insurance.
Signing responsibility for a minor to get a student driver’s permit means that the parent or guardian confirms that they have the minimum insurance and that the minor is covered under the policy. In comparatively minor accidents, fault is only an issue in property damage. For injuries, each driver claims from their insurance company.
However, when accidents are serious, involving severe injuries like broken bones, fault determines who should pay excess damages, and what percentage of the damages they are responsible for. When you sign permission for a student driver to get their permit, you become the one who is responsible for property damage and injury claims if a student driver has a serious accident.
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How Utah’s Comparative Fault Rule Affects The Person Who is Responsible if a Student Driver Has an Accident
Car accidents are seldom straightforward situations in which only one person is to blame. To address this, Utah Code 78B-5-818 states that a person is only liable for their percentage of fault. By implication, if a student driver causes an accident, their parent or guardian is responsible for their percentage of fault.
However, if your child is less than 50% at fault, the situation changes. Instead of being responsible for their share of the damages, you may be able to claim damages. A settlement can make up for a shortfall between what your insurance paid and what the accident cost you, while also adding other types of damages, like pain and suffering, to the total.
If you were to face a claim as the person responsible for a student driver, you should get a qualified person to investigate fault. Although a judge is the ultimate authority in determining fault, someone may claim that your child has a certain percentage of fault. A lawyer can check the evidence and may reach a different conclusion based on their experience.
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When to Get Legal Advice After a Student Driver Accident
Whether you were hurt in an accident caused by a student driver or are responsible for a student driver’s accident, serious accidents call for professional advice. A Utah car accident lawyer can assess the evidence and identify your options.
Regardless of the general rule on who is responsible if a student driver is in an accident, fault remains an important feature. A lawyer from Siegfried & Jensen can protect your rights, and your first consultation is free.
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