A Minor's Negligence Is Imputed To Individual Who Signed Minor's Application For Driver's License

Have you ever been asked to sign for a minor so they can get their driver’s license? What does this mean to you?

In Kentucky in order for a minor to obtain a driver’s license the application has to be signed by the minor’s parent or legal guardian. KRS 186.470 requires a signature from a parent or legal guardian on a minor’s application for an operator’s license, motorcycle operator’s license, intermediate license, or an instruction permit. The statute provides that if the minor does not have a father, mother, or guardian, the minor must have someone sign the application that is willing to assume the obligation imposed by KRS 186.590.

What is this obligation? KRS 186.590 states that “Any negligence of a minor under the age of eighteen (18) who has been licensed upon an application as provided by KRS 186.470, when driving any motor vehicle upon a highway, shall be imputed to the person who signed the application of the minor for the license. That person shall be jointly and severally liable with the minor for any damages caused by the negligence.”

In other words, in Kentucky the individual who signed the minor’s license application is responsible for the negligence that the minor causes while operating the motor vehicle, moped, or motorcycle. This means that if the minor causes a car accident, you better have insurance that will cover them because an injured victim can come after you.

In addition, the statute also imposes liability on a motor vehicle owner who causes or knowingly permits a minor to drive a vehicle upon the roadways or anyone who gives or furnishes a motor vehicle to the minor.

Therefore, in Kentucky even if the minor is insured, the individual that signed the application can still be responsible for the minor’s negligence that causes damages above the minor’s insurance policy.

Interestingly enough, even if your child is emancipated you can still be held financially liable for the child’s negligence that occurred while driving a motor vehicle. In Kentucky, emancipation does not change the child’s legal status as a minor. So if you furnished the vehicle or allowed him or her to drive the vehicle you can still be responsible. (See State Auto Ins. Co. v. Reynolds, 32 s.w.3d 508, Ky. App. 2000).

So if you are going to sign an application for a minor to obtain a driver’s license in Kentucky, or if you are going to furnish or give a minor a vehicle to drive you need to be aware that you can be held responsible for the minor’s negligence. If the minor is insured, you can still be held liable for the amount that exceeds the scope of the insurance policy.

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