Can parents be held liable for their 18-year-old’s car accidents?
Motor Vehicles Accidents - June 13, 2025
The safety of your child is a top priority when you find out they have been in an accident. If you discover they caused the collision, you may find yourself asking, “Are parents liable for 18-year-olds’ car accidents?” While your 18-year-old is a legal adult, there may be certain conditions under which you could be held liable. Parents are usually not liable for their 18-year-old’s car accidents since 18 is the legal age of adulthood in Illinois. However, there are some exceptions. A Joliet car accident lawyer from Horwitz, Horwitz & Associates can help you determine your legal rights and options.
When can I be held liable for my teen’s accident?
Teens, including 18-year-olds, are at an elevated risk for car accidents and are three times more likely to be involved in a fatal crash, according to the Centers for Disease Control and Prevention (CDC). While parents are typically more responsible for their minor children than those who have reached adulthood, they can also be held responsible in certain situations.
Parents in Illinois may be held financially responsible if their 18-year-old causes an accident while driving the family car for a purpose that benefits the household, such as running errands. In these situations, the parent, as the vehicle owner, could be named in a personal injury lawsuit for medical bills or property damage if they are found vicariously liable.
What is negligent entrustment, and how does it impact my liability?
Parents can be held responsible for negligent entrustment. This means they are liable if they possessed knowledge that their 18-year-old was an unsafe driver due to poor driving behaviors or driving habits, and allowed them to drive the car anyway. This can increase parental liability in an accident because they are putting other motorists at risk.
Whose insurance covers the accident?
Teens who have their driver’s license are required to have insurance before they drive motor vehicles. While it is not uncommon for parents to add their teen to their insurance policy, many 18-year-olds have their own. The Illinois Department of Insurance requires that there be a minimum bodily injury limit of $25,000 per person per accident, as well as $50,000 total per accident. They must also carry a minimum of $20,000 property damage limit.
When an accident occurs, if an 18-year-old has their own policy, their insurance company will cover it. However, if they are on their parents’ insurance policy, that insurance company pays for the damage caused.
How is liability determined in an accident?
When your teen is involved in a car accident, the police, insurance companies, and lawyers will all look at the facts to figure out who was responsible. Proving liability in Illinois comes down to negligence, specifically, whether someone failed to use reasonable care and caused harm as a result.
To prove someone was negligent, you must show that:
- They owed a duty of reasonable care (like safe driving),
- They breached that duty,
- The breach caused the accident, and
- You or your teen suffered actual injuries or losses because of it.
However, Illinois follows a modified comparative negligence system. This means your teen can still recover compensation after a crash if they are 50% or less at fault. They won’t be eligible to recover damages if they’re found more than 50% responsible. Even if they are partially at fault, their compensation will simply be reduced by their percentage of responsibility.
This process is best handled by a car accident lawyer who understands how to present evidence, handle insurance negotiations, and protect you from being unfairly blamed.
Contact Horwitz, Horwitz & Associates Today
Horwitz, Horwitz & Associates fights for you and your teen to ensure you are not legally responsible for more than is strictly necessary. With over 350 years of combined experience on our side, we are well-equipped to negotiate on your behalf and provide trusted counsel. If you think you are facing potential liability for your teen driver, then contact us online or call our office today at (800) 985-1819 to schedule a free consultation and discuss your options.
