Let’s face it: when a teenager drives, accidents are common. Unfortunately in Oklahoma, if you were involved in an accident with a culpable teenage driver, there are situations in which it is difficult to pursue a claim against the teenager or the teenager’s parents. If you are involved in this type of accident in Oklahoma City, you may need the help of it Oklahoma City personal injury attorney who understands what is involved in motor vehicle claims against teenagers and their parents. If you are thinking about suing a minor in Oklahoma, you need to know how the law applies to your accident.
Suing a Minor: Not Allowed in Oklahoma City
It is important to know that regardless of the teenager’s culpability, you cannot actually sue a minor in Oklahoma. It is unlawful to do so in Oklahoma. There are some situations in which you may sue the teenager’s parents, however. Understanding those circumstances may make the difference between recovery and not.
Factors in Suing a Teenager’s Parents
In the investigative process, it is important to determine whether the child is covered by their parents’ auto insurance policy. If so, your attorney may choose to file a claim against the parents’ insurance company to recover damages. The ability to collect on this claim depends on whether the teen was using the family car with the parents’ permission. If the teenager was using the family car without the parents’ express permission you may not be able to sue the parents. (Stumpf v. Montgomery (1924) 101 Okla. 257, 32 A.L.R. 1490, 226 Pac. 65.)
The scope of permission granted is always an issue in these cases. Let’s say for a moment that Bob typically uses the family car to drive to swim practice and then home from there. He has his parents’ permission to do so. If the accident occurs in the scope of the permission granted, meaning, on the way to or from swim practice, the parents’ insurance will cover the accident.
However, if Bob decides to go to the grocery store to pick up a 6 pack for some friends for Saturday night’s party on the way home from swim practice, it is likely that the accident will not be covered. Bob’s use would be outside the scope of the permission granted. In this case, suing a minor is prohibited and there is no insurance coverage to collect against, making the claim and lawsuit much more difficult.
This differentiation under the law is somewhat like the course and scope issues involved in a worker’s coverage if that worker is involved in an accident while driving a company vehicle. If the driver is involved in activities within the course and scope of their employment, the employer’s insurance will cover the accident. If not, it is likely the insurance will not cover the accident. (Dillingham v. Teeter (1923) 91 Okla. 165, 216 Pac. 463, infra)
An Exception To the Course and Scope Rule
There is one particular exception to the express permission involving course and scope. When a teenager is using the family car for the parents’ benefit regardless of the express permission granted, the parents’ coverage will extend to the teenager. This means that the teenager could have been involved in the course and scope of handling the parent’s business at the time that the accident occurs. The courts have defined “business” as anything that contributes to the parents’ own convenience or pleasure.
Using our example from above, if Bob’s trip to the grocery store is to pick up some sugar for his mom, it is likely that coverage will extend to the teenager regardless of whether the mom gave Bob express permission to use the car for that particular purpose.
While liability may be clear, the question of recovery on a claim may not be. It is imperative that you bring these questions to an experienced personal injury lawyer in Oklahoma City as soon as possible. Each case is different and it is important to understand how the law will apply to your case.
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