The temptation of freedom and independence on the open road is powerful. This speaks very loud when it comes down to teenagers as they are slowly heading towards adulthood. Being a parent and or guardian for the littles, you do your best for your child to make them happy and see them smile. However, it’s easier said than done. Sometimes, you want to make your kid happy by allowing them the freedom of the vehicle. As a result, the act of giving possession of a car to a minor in CA carries great legal problems and potential liability. Next time you’re asked if they can take the family car for a ride, it is only fair for you to know the risk at hand. Here at KAASS LAW, we aim to enlighten our readers and clients on safety and avoiding any potential risks worth avoiding.
California Law and Minor Drivers: A Framework of Responsibility
California law places specific restrictions and obligations on minor drivers and those who enable their driving privileges. As there are restrictions for minors when it comes to obtaining a driver’s license, the legal responsibility usually falls under their parents and or guardian. Giving possession, in essence, of a car to a minor isn’t something that should be done in a light-hearted fashion. There are legal consequences if things go from bad to worse.
The Concept of Negligent Entrustment
Negligent entrustment means that you can be liable and legally responsible if you lend your car to someone you knew or should have known potentially driving negligent and or recklessly. Usually, negligence falls under the person who caused the act. However, this will go against your negligent decision to entrust the vehicle to an unfit driver.
California Code, Penal Code – PEN § 193.8 states, “(a) An adult, who is the registered owner of a motor vehicle or in possession of a motor vehicle, shall not relinquish possession of the vehicle to a minor for the purpose of driving if the following conditions exist:
(1) The adult owner or person in possession of the vehicle knew or reasonably should have known that the minor was intoxicated at the time possession was relinquished.
(2) A petition was sustained or the minor was convicted of a violation of Section 23103 as specified in Section 23103.5, 23140, 23152, or 23153 of the Vehicle Code or a violation of Section 191.5 or subdivision (a) of Section 192.5.
(3) The minor does not otherwise have a lawful right to possession of the vehicle.
(b) The offense described in subdivision (a) shall not apply to commercial bailments, motor vehicle leases, or parking arrangements, whether or not for compensation, provided by hotels, motels, or food facilities for customers, guests, or other invitees thereof.”
This is one of many forms of the act of negligence.
Factors Determining Negligent Entrustment:
Several factors are considered when determining if negligent entrustment occurred:
- The Minor’s Driving Record: Does the minor have a history of traffic violations or accidents, even minor ones?
- The Minor’s Experience and Training: Has the minor recently obtained their license and are they still under provisional restrictions? Have they completed adequate driver training?
- The Minor’s Character and Habits: Does the minor exhibit a pattern of recklessness, impulsivity, or disregard for rules?
- Knowledge of Unsafe Conditions: Were you aware of any physical or mental conditions that might impair the minor’s ability to drive safely?
- Ownership and Control: While giving possession, do you retain ownership of the vehicle? The owner generally bears a greater responsibility.
Insurance Implications
Allowing a minor to drive your vehicle also has significant insurance implications. While your insurance policy may extend coverage to a licensed minor living in your household, it’s crucial to:
- Notify Your Insurance Company
- Understand Policy Limits
- Consider Increased Premiums
- Review Exclusions
Strategies for Mitigating Risk
While the desire to provide your child with a vehicle is understandable, taking steps to mitigate the associated risks is paramount:
- Delay Giving Full Possession: Consider allowing supervised driving for an extended period even after they obtain their license.
- Establish Clear Rules and Expectations: Set firm rules regarding vehicle use, curfews, passenger restrictions, and responsible driving behavior.
- Require Advanced Driver Training: Beyond the minimum requirements, consider enrolling your child in advanced driving courses that emphasize defensive driving techniques and hazard awareness.
- Monitor Driving Habits: Stay informed about your child’s driving behavior. Consider using tracking devices or regularly reviewing driving records.
- Maintain Open Communication: Have ongoing conversations about the responsibilities and dangers of driving.
- Ensure Adequate Insurance Coverage: Review your insurance policy and consider increasing coverage limits.
When Legal Guidance is Necessary
Situations involving minors and vehicle possession can become legally complex, especially in the event of an accident. It’s crucial to seek legal guidance from KAASS LAW if:
- Your minor child has been involved in an accident while driving a vehicle you own or have given them possession of.
- You are facing liability claims due to your minor child’s driving.
- You have questions about the legal implications of giving a vehicle to a minor in California.
- You need assistance understanding your insurance coverage in such situations.
Contact Us
At KAASS LAW, we’re here for you and your family. We understand why you want to help your child and give them their freedom as their growing up. However, this small things can lead to bigger problem if there aren’t any proper supervision of the minor. If facing these types of legal problems, contact us right away.