What’s the law about an uninsured 18 year old passenger who was hurt in an accident?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What’s the law about an uninsured 18 year old passenger who was hurt in an accident?

My 18 year old daughter 18 and her 18 year old friend, who was uninsured, were involved in a 1 vehicle roll over accident. Both parties had injuries and were hospitalized. However, now the parents of the passenger wanting to come after me for the their daughter’s expenses. Is it illegal to not insure your child?

Asked on March 30, 2017 under Personal Injury, Nebraska


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Under Obamacare everyone is required to have health insurance; however, that is not the issue here.  Even if the passenger had health insurance, she would still file a claim against your daughter's auto insurance carrier for her injuries.
When the passenger completes her medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary, which means having reached a point in her medical treatment where no further improvement is anticipated, she should file a claim with your daughter's insurance carrier.  The personal injury claim would include the medical bills, medical reports and if applicable, documentation of wage loss.
Compensation for the medical bills is straight reimbursement. The medical reports document the injury and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
If the passenger's case is settled with your daughter's auto insurance carrier, NO lawsuit is filed.
If the case is NOT settled, the passenger could sue your daughter for negligence.  Her parents should pursue a claim against your daughter's insurance company.  If that claim is not settled, then they would file their lawsuit against you and your daughter.  You should refer the lawsuit to your daughter's insurance carrier which will provide you with an attorney at no cost.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption