Are Drivers Liable for Car Wrecks They Cause While on Their Learner's Permit?

 Posted on June 03, 2026 in Car Accidents

Drivers in Illinois are required to get a learner’s (or instruction) permit and spend time driving supervised before they can graduate to a full license. Even though drivers with these permits are inexperienced and often young, they are still expected to operate their vehicles with care. They may be held liable for damage or injury if they cause a car accident, even while on their learner’s permit. Other parties, such as the supervising adult, may be liable as well.

If you've been hurt in a wreck involving a new driver in 2026, a Decatur, IL car accident attorney can help you understand who may be responsible.

Why Can an Instruction Permit Holder Be at Fault for an Accident?

Under Illinois law, any person operating a motor vehicle is responsible for driving it in a safe way. Age or inexperience are not excuses for creating unsafe conditions for other drivers.

Young drivers should be taught and practice in safe, controlled environments until they are competent enough to drive around other vehicles and people. Even after they have more practice, they must continue to follow the terms of their instruction permit, including being supervised by an adult driver.

Who Can Be Responsible for a Permit Holder’s Wreck Besides the Driver?

Most permit holders are minors, which can alter how liability works. Several parties may be liable in a crash involving a driver on a learner’s permit.

The Driver’s Parents

The adult who signs a minor's permit application can be held responsible for the minor's negligent or willful driving. This is sometimes called signing liability.

Underage drivers are typically covered by their parents’ insurance, making their parents the first place to look for compensation for injuries and damages in most cases. Parents of teenage drivers must disclose to their insurance that they have a newly licensed driver in the household. If they don’t, they risk serious penalties, including claim denials that leave them to pay out-of-pocket for damages.

The Supervising Adult

Illinois requires a licensed adult to be in the car with a permit holder. Under 625 ILCS 5/6-105, when driving on an instruction permit, the driver must be accompanied by a qualified, licensed driver over the age of 21. If the supervising adult’s negligence contributed to the accident, they may be partly liable.

The Vehicle Owner

If the car belongs to a parent or family member, a situation such as "negligent entrustment" may allow a claim against the owner who made the vehicle available. This means the owner lent the vehicle to the driver even though they knew the driver wasn’t fully qualified to operate it safely.

You may be able to file a claim with more than one party’s insurance company, depending on who is determined to be liable. A lawyer can help you understand where to look for damages.

What Should I Do if I’m Hurt by a Driver With a Learner’s Permit?

If you're injured in a crash caused by a permit holder, the steps are similar to any other accident. Call the police or have someone else do so to make sure the accident is officially reported. Get a copy of this police report as well.

Get contact information for any witnesses to the crash. Document the scene, the vehicles, and the people involved. Find out who was supervising the permitted driver and get their information. Also, find out whose car the permit driver was driving. Get medical care right away, even for injuries that seem minor, and avoid giving a recorded statement to an insurer before getting legal advice.

Under Illinois law, you have two years from the date of the crash to file a personal injury claim. Keep an eye on this deadline, as missing it usually forfeits your ability to pursue damages.

Call a Champaign, IL Car Accident Attorney Today

If you’ve been in an accident with a new driver and you’re unsure who might be liable, contact our Decatur, IL personal injury lawyers. Our firm brings over 100 years of combined legal experience to every case. Call Kanoski Bresney at 888-826-8682 today for a free consultation.