Teen Driver Insurance, Liability & Responsibility
By Linda Malkin, Esq.
When I imagine my daughter behind the wheel for the first time, my heart races. I am a mom, and I have spent years working in personal injury law. I have handled collision cases where teen drivers were injured and, yes, where teens drivers were responsible. With that in mind, here is what every parent and teen in Delaware should know about insurance, liability, and responsibility.
Parental and owner liability: what you must know
In Delaware, parents or other adult who signs the license application. and vehicle owners can be legally responsible when a minor driver causes an accident. Translation, if your teen causes a crash, the financial risk may extend well beyond the teen’s automobile insurance. As a parent, you are in the driver’s seat of accountability.
Creating a “family car accident plan”
I handle motor vehicle collision cases daily. Consequently, the idea of my children getting behind the wheel terrifies me. So even though my kids are not driving yet, I have started to craft a “family car accident plan” so that I am prepared when the time comes.
1. Document review – Go through your insurance policy: Who is covered? Does it include the teen? What are the policy limits?
Delaware law outlines the minimum insurance coverage each vehicle must carry. However, for a new teen driver, the minimum legal limits is likely not enough coverage to protect your teen and your family following an accident. I recommend you increase your insurance coverage. Yes, your insurance premium will go up, but as a mom and a lawyer who has handled too many of these cases, the minimal increase to your premium could save you thousands in the future. Also, make sure your policy clearly covers your teen driver. Do not assume simply adding them to your existing policy is seamless. Discuss the changes in detail with your insurance agent.
2. Define rules and consequences – For Delaware teens, the law mandates driving restrictions for the first 12 months. I encourage you to write out your driving expectations for your teen and review them often. Example: curfews, passenger limits, phone use, seat-belt use, etc.
Delaware’s DMV website offers plenty of resources available for both parents and new drivers.
3. Financial responsibility discussion – Make sure your teen understands that driving irresponsibly can cost the family. Driving citations or accidents will likely result in higher insurance premiums, civil liability, criminal liability, lawsuits, etc.
I plan to explain to my kids that the decisions they make behind the wheel impact our family and the lives of the drivers around them.
4. Emergency procedures –
Make sure your teen knows exactly what to do if an accident occurs. First, check that everyone is safe and call 911. Next, call you, the parent or another responsible adult. If possible, exchange names, phone numbers, and insurance information with the other drivers involved in the collision. If safe to do so, take photos of the vehicles and the accident scene. Remind your teen to remain at the scene until police to arrive. Encourage your teen to be honest when speaking with officers. Police reports are important documents in any legal matter. Once things are under control, you (the parent) should contact your insurance company to report the incident.
Accidents happen. Having a plan in place can help everyone remain calm and take the necessary next steps.
5. Regular review – Make this “family car accident plan” a recurring discussion. The plan should be constantly evolving. For example: changes to insurance, new drivers, new cars, etc.
6. Role modeling – I constantly remind myself that my driving matters. If I am texting or speeding, I undermine my whole message. Our kids are constantly watching. Start early to instill good driving habits.
I do not want to be that mom, the one frozen in fear every time the keys jingle. I want to be the mom who is informed, prepared, and proactive. By creating a “family car accident plan” now, you are not just planning for the day your teen drives alone, you are safeguarding your family’s future.
I understand both the worry of a parent and the challenges that come with navigating a personal injury claim. As a mom and an experienced advocate in this field, I am here to help you through the process. Contact me directly at 302-565-6142.
Bio
Linda Malkin has been an attorney for 10 years and started working for Kimmel, Carter, Roman, Peltz & O’Neill in 2010. Linda concentrates her practice on motor vehicle accidents, wrongful death, products liability, nursing home neglect, dog bites, and work-related accidents.
Linda is a proud graduate of Saint Mark’s High School and Penn State University. Upon her graduation from Penn State, Linda began her career in law working full-time at Kimmel Carter while attending Widener University Delaware Law School at night. That experience shaped her strong work ethic and taught her the value of persistence, preparation, and compassion when advocating for injured individuals.
Following law school, she served as a Deputy Attorney General in the Family Law department for the Delaware Department of Justice. During her tenure with the Attorney General’s office, Linda gained valuable courtroom experience while managing a heavy caseload and advocating for families during difficult and emotional legal matters.
Upon her return to Kimmel Carter, she combined her extensive knowledge of personal injury cases and litigation experience to thoughtfully and successfully represent individuals and families who have been impacted by an injury. She takes time to truly understand her clients’ needs and works to ensure they are rightfully compensated and receive all of their entitled benefits. Linda is known for her empathetic approach, attention to detail, and unwavering commitment to justice.
She is honored to have been consistently recognized by Best Lawyers: Ones to Watch™, Delaware Today “Top Lawyers,” and a Delaware Super Lawyers Rising Star. But if you ask her, she will tell you the real reward comes from the notes, calls, and reviews from clients who felt truly supported.
Linda is married and has two children. Outside the office, she enjoys coaching and attending her children’s sporting events. In her spare time, she is likely shopping, playing with her pups, or lost in a good book.
Kimmel Carter
Your Delaware Injury Lawyers
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