Every owner of a motor vehicle causing or knowingly permitting a minor under the age of sixteen years who is not permitted under the provisions of § 46.2-335 to drive such a vehicle upon a highway, and any person who gives or furnishes a motor vehicle to such minor, shall be jointly or severally liable with such minor for any damages caused by the negligence of such minor in driving such vehicle.
§ 8.01-64.Liability for negligence of minor.
Chapter 3. Actions · Article 7. Motor Vehicle Accidents · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-64 makes a vehicle owner who causes or knowingly permits an unlicensed minor under sixteen to drive, and anyone who gives or furnishes the vehicle to that minor, jointly and severally liable with the minor for damages caused by the minor’s negligent driving.
Full Text of § 8.01-64
Plain-English Summary
Section 8.01-64 extends liability beyond the minor driver to the adults who put that minor behind the wheel. It applies to a minor under the age of sixteen who is not permitted under § 46.2-335 to drive on a highway. If a vehicle owner causes or knowingly permits such a minor to drive, or if any person gives or furnishes a motor vehicle to that minor, the owner or the person furnishing the vehicle is jointly and severally liable with the minor for damages the minor’s negligent driving causes.
Because the liability is joint and several, an injured plaintiff can pursue the owner, the person who furnished the vehicle, the minor, or any combination of them for the full amount of damages, rather than being limited to a share attributable to each.
Frequently Asked Questions
Who else besides an underage driver can be held liable for a crash under this section?
The owner of the vehicle who caused or knowingly permitted the minor to drive, and any person who gave or furnished the vehicle to the minor, are jointly and severally liable with the minor for damages caused by the minor’s negligence.
What age and licensing status triggers this section?
It applies to a minor under sixteen who is not permitted to drive on a highway under § 46.2-335 — a minor too young or unqualified to be lawfully driving.
What does “jointly and severally liable” mean here?
It means an injured party can recover the full amount of damages from the owner, the person who furnished the vehicle, the minor, or any of them, rather than each being liable for only a proportional share.
Does the owner have to know the minor was driving to be liable?
Liability attaches if the owner caused the minor to drive or knowingly permitted it — the knowing element matters, so an owner unaware the minor took the vehicle is in a different position than one who allowed it.
Does this section apply to any minor driver, or only those under sixteen?
It is limited to minors under the age of sixteen who are not permitted to drive under § 46.2-335; it does not by its terms extend to older minors who hold a valid license.
Amendment History
Code 1950, § 8-646.2; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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