We’ve been asked this question multiple times since some people are under the impression that in a court of law, a child’s legal rights are superseded by their parents. This is not the case. In Virginia (VA) and North Carolina (NC), and in most states, there is no longer any “inter-family legal immunity” in car accident cases, and in most other situations. This means that if a family member driving a motor vehicle is careless or negligent and winds up injuring their relative who is a young child or teen, the child/teen may bring a claim under the law against their own parent or family member.
We understand that this can create some awkward and tense situations between loved ones, but if a child is seriously hurt in an accident that was caused by the carelessness of another person, they are normally entitled to pursue compensation through a personal injury claim, as most insurance policies are required to allow such claims-despite the family relationship.
Keep in mind, most insurance policies (car or homeowner policies) protect and provide coverage to a parent or family member for a careless or negligent act, whether they are sued by any third party, or by their own family member.
“What is the legal process for a minor to bring a personal injury claim or lawsuit against a parent or relative?” you might ask. To get the answer to this question, and additional information about the injury claim process involving hurt children and teens, download our free consumer report: