Chester, VA asked in Car Accidents and Personal Injury for Virginia

Q: Is it legal for someone to video tape my 17 year old forcing them to admit guilt in an accident without a parent?

He was in a car accident in a shopping center. The other driver was driving with a suspended license, no insurance in a borrowed car.

1 Lawyer Answer
Jay Braddock Jackson
Jay Braddock Jackson
  • Personal Injury Lawyer
  • Fredericksburg, VA
  • Licensed in Virginia

A: It would be very difficult to answer this question definitively with the information available here. Generally speaking however, if out in public, there can be no expectation of privacy by you or your child. In that case, the recording itself is probably OK. So the question then is whether your child was actually at fault for the accident or not. If he/she was not at fault in any way, then forcing them to say on video that they were at fault provides some opportunity to keep that video out of evidence, but it will likely be allowed. If it is allowed, you and your child should be allowed to explain the circumstances of that recording. Unfortunately the fact that the other driver had a suspended license is a non-issue for your child's accident (depending of course on the reason for the suspension). The fact that it was a borrowed car may allow you the opportunity to find insurance. The owner's insurance would extend to the driver, if the driver was using the car with permission.

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