Can I Sue for a Car Accident If I’m Under 18?
If you’re under 18 and injured in a car accident, you still have every right to bring a personal injury claim — you just can’t file it completely on your own. Texas law protects minors by requiring a trusted adult, called a “next friend,” to represent your interests in court or during settlement negotiations. This process ensures that your rights are protected and that any settlement truly benefits you, not anyone else.
What Is a “Next Friend”?
A “next friend” is typically a parent, guardian, or another responsible adult who steps in to help a minor pursue a lawsuit. Because minors (anyone under 18) can’t legally enter into contracts or file lawsuits on their own, the next friend serves as your representative throughout the process.
That means your parent or guardian would work with your attorney, provide necessary information, and make legal decisions on your behalf. Importantly, they must act in your best interest — the case belongs to you, not them.
For example, if you were injured as a passenger in a friend’s car, your parent could serve as your next friend and file a lawsuit against the at-fault driver’s insurance company to recover compensation for your medical bills, pain, and other damages.
What Happens When a Minor’s Case Settles?
When a personal injury case involving a minor settles, the court often appoints an independent attorney known as a guardian ad litem. This person doesn’t represent you or the insurance company — they serve as a neutral third party to make sure the settlement is fair and in your best interest.
The guardian ad litem reviews the case, the medical records, and the settlement terms. If they agree that it’s a fair resolution, they’ll recommend approval to the judge. Once the court approves, the funds are usually placed in a trust or restricted account that you can access once you turn 18.
This process helps protect minors from anyone — even well-meaning parents — who might unintentionally misuse the money or settle too quickly for less than the claim is worth.
Can the Money Ever Be Accessed Before Age 18?
In some cases, yes. Your next friend or guardian can ask the court to release a portion of the settlement funds early if the money is needed for things like medical bills, education, therapy, or other essential expenses related to your well-being. The court must approve the request and ensure the funds are being used for legitimate, necessary purposes.
This gives families flexibility while still protecting the child’s financial future.
When Is Minor Approval Not Required?
Sometimes, if the settlement amount is small — typically under $10,000 — the insurance company might choose to waive the formal minor settlement approval process. In those situations, the case can be resolved more quickly, and the funds may go directly to the guardian or next friend to manage on behalf of the child.
Even then, it’s still wise to consult an experienced injury attorney. They can confirm that the settlement is fair and that no important rights are being waived.
Why the Court Takes Extra Steps
All of these protections exist for one key reason — to make sure the child’s best interests come first. Courts know that minors can’t legally make big financial or legal decisions, so these procedures prevent a guardian or family member from settling too soon or mishandling the money.
It’s not about creating extra work — it’s about protecting the injured minor’s long-term rights and ensuring that the compensation they receive is preserved for when they’re old enough to manage it responsibly.
