PARENT’S LIABILITY FOR THEIR MINOR CHILDREN’S DRIVING

Under California law, parents generally bear legal responsibility for damages caused by their minor children’s operation of a motor vehicle. This liability arises primarily under two provisions of the California Vehicle Code: Section 17707, which imposes liability on the person who signed the minor’s driver’s license application, and Section 17708, which imposes liability on parents or guardians who grant a minor express or implied permission to drive. In both cases, the parent is jointly and severally liable with the minor for damages proximately resulting from the minor’s negligent or wrongful driving, subject to statutory limitations (“caps”). Additional liability may arise under the Civil Code for willful misconduct, or without any cap when the minor is acting as the parent’s agent or the parent is independently negligent.

Liability Based on Signing the Minor’s License Application

California Vehicle Code Section 17707 provides that “any civil liability of a minor arising out of his driving a motor vehicle upon a highway during his minority is hereby imposed upon the person who signed and verified the application of the minor for a license and the person shall be jointly and severally liable with the minor for any damages proximately resulting from the negligent or wrongful act or omission of the minor in driving a motor vehicle.” Because California requires parental signature before a driver’s license is issued to a minor under Section 17701, this provision directly implicates parents in virtually every licensed minor driver scenario.
A parent who signed the minor’s license application may seek to terminate this liability by applying to the Department of Motor Vehicles for cancellation of the minor’s license under California Vehicle Code Section 17711.

Liability Based on Permission to Drive

California Vehicle Code Section 17708 provides a separate and broader basis for parental liability: “Any civil liability of a minor, whether licensed or not under this code, arising out of his driving a motor vehicle upon a highway with the express or implied permission of the parents or the person or guardian having custody of the minor is hereby imposed upon the parents, person, or guardian and the parents, person, or guardian shall be jointly and severally liable with the minor for any damages proximately resulting from the negligent or wrongful act or omission of the minor in driving a motor vehicle.”
This provision applies even to unlicensed minor drivers, provided the parent gave express or implied permission to drive.

Statutory Damage Caps

Parental liability under Sections 17707 and 17708 is subject to the caps set forth in California Vehicle Code Section 17709, which limits liability to: $15,000 for injury to or death of one person per accident; $30,000 for injury to or death of all persons per accident; and $5,000 for property damage per accident. Parents are not liable under these sections for punitive damages arising from the minor’s conduct, though they remain liable for punitive damages based on their own independent wrongdoing.

Liability Beyond the Statutory Caps

The statutory caps do not limit all forms of parental liability. When a minor is acting as the parent’s agent at the time of an accident. For example, driving at the parent’s direction on a family errand, the parent faces full, uncapped liability under agency principles. In Johnson v. Peterson, 38 Cal.App.3d 619 (1974), the court held that when a 16-year-old drove at her mother’s suggestion to run a family errand, she was acting as her parents’ agent, and therefore parental liability was not limited to the then-applicable statutory cap.
Furthermore, the caps under Sections 17707 and 17708 do not limit a parent’s liability for their own independent negligence, such as negligent supervision or negligent entrustment of a vehicle to a minor.

Willful Misconduct Under the Civil Code

California Civil Code Section 1714.1 provides an additional basis for parental liability when a minor’s act constitutes willful misconduct. Under that provision, willful misconduct of a minor that results in injury, death, or property damage is imputed to the parent or guardian having custody and control of the minor, who is then jointly and severally liable for resulting damages. However, this Civil Code liability is capped – currently at $56,400 – per tort of the minor.