Been involved in a road traffic accident? Our local solicitors can help you get the compensation you deserve.
Road accident claims for children
If your child has been injured in a road accident and someone else was at fault, contact us to find out if you can claim compensation on their behalf.
We are a claims management company regulated by the Financial Conduct Authority.
Child Road Accident Claims
Having your child injured in a road accident can be extremely upsetting and traumatic. If someone else’s negligence caused the accident, you may be able to claim compensation on your child’s behalf as a litigation friend.
Road accidents involving children can be serious and may result in permanent health issues or disability. A child road accident claim can help cover private medical costs, rehabilitation, long-term care and the impact on your child’s development and quality of life.
Call 0800 470 0474 today or request a call back to find out if you can make a road accident claim on behalf of your child. A specialist child accident solicitor will offer you a free case assessment and explain the next steps in the claims process.
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Table of Contents
Who can make a child road accident claim?
Children injured in road accidents cannot make a personal injury claim themselves. Instead, they will need a suitable adult to act on their behalf as a litigation friend.
This is typically a parent or guardian, but it could also be another family member, a solicitor or someone else appointed by the court to represent the child’s legal interests. You can read more about the process here: What is a litigation friend?
A litigation friend can make a road traffic accident claim on behalf of a child if the following apply:
- Another party owed them a legal duty of care.
- This duty was breached, resulting in the road accident.
- They suffered an injury or injuries as a result.
Who is liable for a child’s road accident injury?
If a child has been injured in a road accident, the driver of a vehicle is usually liable under the Road Traffic Act 1988 if they were speeding, distracted, failed to follow traffic signals, or did not take reasonable care around schools and nurseries.
It may also be possible to make a claim against the local council under the Highways Act 1980 if the accident was caused by poor road conditions, such as potholes or debris.
A personal injury solicitor will be able to identify who is responsible for your child’s injuries and help you pursue a claim against them. If the claim succeeds, the compensation awarded is typically paid by the defendant’s motor or public liability insurance.
What types of child road accidents can lead to a claim?
You may be able to make a personal injury compensation claim following various types of road accidents involving children, such as:
- Child pedestrians being hit by a car while crossing the road
- Road accidents involving children riding bicycles
- Accidents involving children travelling as car passengers
- Accidents involving children on school buses or coaches
- Children injured following public transport accidents
- Road accidents caused by poor road conditions
- Collisions involving large vehicles, such as lorries
- Taxi or Uber accidents involving children
If your child was injured in an accident caused by someone else’s negligence, you may be able to start a claim and seek compensation for the injuries they suffered.
What is the time limit to claim on behalf of a child?
Under the Limitation Act 1980, personal injury claims usually have a 3-year limitation period from the date of an accident. However, this does not apply to child injury claims.
As a litigation friend, you can start a claim on behalf of your child at any time before their 18th birthday, regardless of when the accident occurred. If no claim is made, your child will then have three years from the date they turn 18 to pursue compensation themselves.
If the accident has resulted in serious injuries affecting your child’s mental capacity, the limitation period is paused unless they later regain mental capacity.
It is in your child’s best interest to seek legal advice as soon as possible after a road accident. This will make it easier to secure evidence and pursue a claim for compensation successfully.
What should I do if my child is injured in a road accident?
If your child is involved in a road traffic accident, you should immediately check for injuries and call 112 or 999 for emergency assistance if needed. Do not move your child if you suspect they have suffered a back or neck injury.
Document the accident scene in as much detail as you can. Take photos of the location, damaged vehicles and any road hazards from different angles. Exchange details with any drivers involved and ask witnesses for their contact information. If necessary, report the accident to the police.
If the accident happened during school activities, request that it be recorded in their accident book. Going forward, keep copies of all medical records and expenses.
When you decide to make a child road accident compensation claim, it is important to seek legal advice as soon as possible. A specialist child injury solicitor can investigate the accident, assess liability and help you secure the maximum compensation your child may be entitled to.
How much compensation is awarded for child road accidents?
Child road injury compensation can help cover immediate and future medical expenses, rehabilitation, education and care costs (special damages), while also addressing their pain, suffering and reduced quality of life (general damages).
You can also include in the claim any loss of earnings from taking time off work to care for your child.
To calculate special damages, your solicitor will gather supporting evidence such as receipts, invoices, medical bills and payslips. For severe injuries, future expenses for ongoing care, education, and treatment can be substantial and will be calculated with the help of specialists.
The compensation amount awarded for pain and suffering depends on the severity of their injuries. This is assessed according to the Judicial College Guidelines and could amount to:
| Injury type | Description | Average payout |
|---|---|---|
| Minor soft tissue injury | Sprains, strains and bruising with complete recovery | £1,500 – £5,000 |
| Simple fractures | Wrist, forearm or ankle fractures with good recovery | £3,500 – £12,000 |
| Moderate fractures | Arm or leg injuries causing ongoing pain and mobility issues | £12,000 – £30,000 |
| Minor head injury | Concussions causing short-term symptoms | £2,690 – £15,580 |
| Severe neck injury | Injuries causing long-term disability and chronic pain | £55,500 – £68,330 |
| Severe brain injury | Permanent physical and cognitive disability | £267,340 – £344,150 |
| Psychological injury | PTSD with major recovery | £9,980 – £28,250 |
Can I make a child injury claim on a no win no fee basis?
Yes. If your child was involved in a road accident and is entitled to compensation, you will be able to make a no win no fee claim on their behalf. Our panel of solicitors handle claims for child road accidents under a conditional fee agreement, meaning that:
- You do not pay any legal fees upfront.
- There is no financial risk if the claim is unsuccessful.
You only pay a fee if the claim is successful. In this case, your solicitor’s success fee will be deducted from the compensation award and is capped at 25%. This fee is only taken from general damages and past financial losses. You will be paid in full for future losses and expenses.
What evidence is needed for a child road accident claim?
When making a child road injury claim, strong evidence is essential to prove liability and the severity of injuries. Your solicitor will help you gather everything you need to start your claim and represent your child’s interests in the best way possible. This will typically include:
- Medical records from hospitals, specialists or GPs confirming the child’s injuries, treatment and expected recovery.
- Photographs of the accident scene and any visible injuries (including photos of the recovery process).
- Dashcam footage of the accident, if available, can prove exactly what happened.
- Statements from people who saw the accident and can provide independent accounts of what happened.
- A copy of a police report with details about the incident and any potential traffic offences.
- Accident reports filed with the school, if your child was injured on a school bus or school trip.
- Financial records, such as receipts for medical treatment, travel costs and other expenses.
Frequently asked questions
Yes. You can still make a personal injury claim for compensation if the driver responsible for the accident has left the scene or does not hold valid insurance. The Motor Insurers’ Bureau (MIB) compensates victims of road accidents with uninsured or unidentified drivers.
In most child car accident claims, court attendance is not typically required. The majority of claims are settled through negotiations with the defendant’s insurer.
However, if the claim is successful, your child may need to attend an infant approval hearing. This is held before a judge who will determine whether the agreed settlement is fair and covers all the child’s needs.
No, child injury compensation is not usually paid directly to the child straight away. Instead, the money is kept in a court bank account or a personal injury trust until the child turns 18. This ensures that the money is protected until the child becomes an adult.
However, it is possible to have some of the money released earlier to cover medical treatment, rehabilitation, special education and care needs for the child. Your solicitor can also apply for interim payments while the claim is ongoing.
As a passenger, your child is eligible for compensation if they were injured in a car accident, even if you were the one driving. This will typically be handled through your motor insurance policy.
However, it would not be appropriate for you to act as their litigation friend, as this would be considered a conflict of interest, so they would need to be represented by another party.
There is no strict timeframe to settle road injury claims for children. Straightforward cases may settle within 6 to 9 months, while more serious claims involving long-term disability, denied liability, or complex legal issues may take significantly longer.
Call 0800 470 0474 today or request a call back for legal advice if your child has been injured in a road traffic accident. Our specialist legal advisers will offer you a free, no obligation consultation and answer any questions you may have.
