The short answer is yes, but there are important legal details to understand. At Smith Jordan Law, our Greenville car accident lawyers help families navigate these difficult situations with clarity and compassion. Here’s what you need to know.
Yes, you can sue a minor—but there are limitations
In South Carolina, minors (anyone under 18) can be held civilly liable for their actions, including negligent driving. That means if a teenage driver causes a crash, you may be able to sue them for damages like medical bills, property damage, lost wages, and pain and suffering.
However, because minors usually don’t have assets or income, you’re likely not suing them for the purpose of collecting directly from their own funds. Instead, compensation typically comes from their car insurance policy—or, in some cases, from the minor’s parents or legal guardians.
When parents can be held responsible
Under South Carolina law, parents are generally not automatically liable for their child’s negligence. But there are certain circumstances where a parent can be held financially responsible.
1. Negligent entrustment
If a parent allows a teen to drive knowing the teen is reckless, unlicensed, or unfit to drive (due to drug or alcohol use, for example), they may be liable under a theory called negligent entrustment.
2. Insurance coverage
Even if a parent didn’t do anything wrong, their auto insurance policy may cover damages caused by their child—especially if the teen lives at home or drives a family vehicle.
3. Vicarious liability under agency theory
In rare cases, parents can be held liable if their child was acting as their “agent” at the time of the crash (e.g., running an errand for the parent). These cases are fact-specific and require careful legal analysis.
Insurance is often the primary source of recovery
Most personal injury claims—especially those involving minors—are resolved through insurance. South Carolina law requires drivers to carry minimum liability insurance of:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $25,000 for property damage
If the at-fault minor is covered under their parents’ insurance policy, that policy will generally provide the first source of recovery for your damages.
If damages exceed the policy limits, you may be able to pursue the driver (or their parents) directly, but collecting beyond insurance can be difficult unless they have significant personal assets.
Special considerations in Greenville
In Greenville, like other parts of South Carolina, teen drivers often start with a beginner’s permit or conditional license. The state’s graduated licensing system includes restrictions for drivers under 17, such as curfews and passenger limits. If a teen violates one of these restrictions and causes a crash, this could strengthen your case for negligence or even for seeking damages from a supervising adult.
How Smith Jordan Law can help
At Smith Jordan Law, we understand the local roads, court systems, and insurance companies that serve Greenville and the Upstate. If you were hit by a minor driver, our attorneys can help by:
- Investigating the accident and gathering key evidence
- Identifying all insurance policies that may apply
- Determining whether a parent can be held liable
- Handling negotiations with insurance companies
- Filing a lawsuit if necessary to seek full compensation
We’re dedicated to making sure accident victims aren’t left to deal with mounting expenses and unanswered questions—especially when a teen driver is involved.
If you or a loved one were injured by a teen driver in Greenville, don’t try to handle it alone. The personal injury team at Smith Jordan Law is here to help you understand your rights, build a strong case, and pursue the compensation you deserve. Contact us today for a free consultation.