By Stephen Hudson. Last Updated 23rd October 2024. Welcome to our child car accident claims guide, where we’ll explain how to claim accident compensation.
Children that have been injured in a car accident, whether they were a passenger in a car, or a pedestrian, have as much right as an adult to claim personal injury compensation for the injuries they have sustained. However, the claims process is a little bit different when the claimant is under 18. The claimant would need a parent or guardian to claim on their behalf and act as a litigation friend.
You’ll find more information about this further on in the guide. You can contact our advisors to ask questions about claiming. To get in touch, you can:
- Call our team on 0800 073 8804
- Fill in a contact form to have us call you
- Use the live chat on your screen to speak with one of our advisors
Select A Section
- How Are Child Car Accident Claims Started?
- My Child Was Involved In A Car Accident – What Evidence Do I Need To Claim?
- What Is A Litigation Friend?
- Can I Claim For An Accident After 3 Years?
- What Is The Average Settlement For Child In A Car Accident Claims?
- No Win No Fee Child Car Accident Claims
- Useful Links
How Are Child Car Accident Claims Started?
If your child is in a car accident and suffers an injury. As a result, they could receive accident compensation. To get help with this, you can ring us and speak to a member of our professional team.
You can ask us as many questions as you need to regarding the claims process for a car accident involving children. Once we have discussed your case, we can begin your claim. All our solicitors work on a No Win No Fee basis. You usually don’t need to pay any legal fees unless your case is a success.
Sometimes, a local medical assessment is a necessity. We can arrange this for you at a time that is convenient for you. We can discuss this and more in more detail during your free consultation.
My Child Was Involved In A Car Accident – What Evidence Do I Need To Claim?
If your child was involved in a car accident and you would like to make a claim on their behalf, you will need to prove that it was a breach of another driver’s duty of care that caused their injuries.
Collecting sufficient evidence could help prove the nature of your child’s injuries as well as who was liable for the car crash.
Some examples of evidence that could be useful in a claim include:
- The police report, if the accident was reported to the police.
- A copy of your child’s medical records showing the nature of the injuries they suffered and what treatment they required.
- Video footage of the accident, such as from a dashcam or CCTV.
- The contact details of anyone who saw what happened so they can give a statement later into the claiming process.
One of our advisors can give you free advice about what to do following a car accident for a child claim to be made. Additionally, they could put you in touch with one of our No Win No Fee solicitors, who could help you gather evidence, provided you have a valid case.
What Is A Litigation Friend?
If you want to make a claim for accident compensation on behalf of a child under your care, you can do so by acting as a litigation friend. In this section, we’ll explain what this role involves.
A limitation friend is someone authorised by the court to represent the claimant (litigant in person) and conduct their case on their behalf. A litigation friend is usually required in such circumstances where the litigant in person is under 18, is someone with a mental disability, or has requested a litigation friend.
There are two types of litigation friends:
1). A McKenzie Friend (Applies In Scotland only)
These support and accompany the claimant in court. They do not necessarily have to know or be a friend of the claimant and often have some training and/or knowledge in the relevant area of law. Claimants’ do not automatically have the right to a McKenzie friend, but courts usually allow them if requested.
Besides giving moral support, a McKenzie friend can also take notes during court proceedings, discreetly give the claimant advice, and generally improve your experience.
However, they are not allowed to speak out in court proceedings, act on behalf of the claimant or act as their agent or manage the case outside of court.
2). A Litigation Friend (England and Wales)
These are people who are not legally qualified but can accompany the claimant to court. They are also allowed to represent the claimant and present the case to the court on their behalf. The claimant must be in court as well, though, for them to do this. A Lay Representative is usually either the claimant’s parent, guardian, spouse, friend, colleague or partner.
The court will need to be advised beforehand that a Lay Representative will present the child car accident claims.
Can I Claim For An Accident After 3 Years?
Personal injury claims have time limits in which they must be started, or they may be statute-barred. The usual time limit to start an accident claim in the UK is typically 3 years from the date of the accident. This, however, does not apply if the claimant is under 18.
The time limit it suspended in these cases. Meaning you could be able to start a claim for an accident after 3 years for a minor, providing they have not yet turned 18. If they have turned 18 and a claim has not been started on their behalf by a litigation friend, they will have the usual 3 years in which to start a claim.
You can speak to one of our advisers for any questions you may have about the time limit to start a claim and whether you could be able to do so outside the usual time limit.
What Is The Average Settlement For Child In A Car Accident Claims?
You may want to know the average settlement for a child in a car accident claim. However, establishing an average figure is difficult, because compensation is awarded on a case-by-case basis. Various factors of each claim will affect how much is awarded. For example, some claimants recover the financial losses caused by their injuries under special damages.
If the claim made on behalf of your child is successful, they will be awarded general damages. This compensates them for whatever physical pain and mental suffering has been caused by their injuries.
Those who value child in a car accident claims may refer to the Judicial College Guidelines (JCG). This document provides a list of guideline compensation brackets for various injuries.
The table below includes certain entries in the JCG which may be relevant to a child in a car accident compensation claim. You can view it for guidance purposes, but please note that the first entry is not based on the JCG.
| Injury type | Compensation guideline |
|---|---|
| Multiple Severe Injuries And Special Damages | Up to £1,000,000+ |
| Very Severe Brain Injury | £344,150 to £493,000 |
| Moderate Brain Injury (iii) | £52,550 to £110,720 |
| Severe Back Injury | £111,150 to £196,450 |
| Moderate Back Injury (i) | £33,880 to £47,320 |
| Chest Injury (b) - Traumatic Injury To Chest, Lung(s) And/Or Heart | £80,240 to £122,850 |
| Chest Injury (c) - Damage To The Chest and Lungs | £38,210 to £66,920 |
| Severe Shoulder Injury | £23,430 to £58,610 |
| Moderate Shoulder Injury | £9,630 to £15,580 |
| Moderate Neck Injury (i) | £30,500 to £46,970 |
Special Damages In Claim For A Child Injured In A Car Accident
If your child was injured in a car accident, you may also be able to claim special damages on their behalf. This head of claim relates to any financial harm or monetary losses caused by their injuries. You’ll be required to provide evidence of any losses or expenses you wish to include in your child’s car accident claim.
Examples of special damages that might be included in a road traffic accident claim include:
- Care costs – if your child is injured, you may require a carer to look after them whilst you are in work.
- Prescription fees – you may have to pay for your child’s medication, or for any over-the-counter pain relief for your child.
- Travel expenses – for example, if you have to pay for taxis for yourself and your child to travel to and from hospital or GP appointments relating to their injury.
- Loss of earnings – you may have been required to take time off work to care for your child and their injuries.
Contact our advisors today to receive a free valuation for your child’s personal injury claim. They can also offer you free advice.
No Win No Fee Child Car Accident Claims
Our panel of specialist solicitors always handle claims on a No Win No Fee basis. So, unless your claim is a success, there are no additional solicitor costs for you.
Therefore, there’s no financial risk in the claims process as there aren’t surprise legal bills or upfront fees. We only charge if we win your case, with the payment being a set percentage of the compensation. With No Win No Fee claims, what do you have to lose?
If your child has been injured after being involved in a car accident and wants to claim accident compensation on their behalf or have any questions, all you need to do is call us on 0800 073 8804.
Our team will be more than happy to help you in any way possible. They can talk you through the claiming process, so you can better understand how to begin.
We are friendly and very approachable and will be empathetic to your situation. And we will fight your corner and do all we can to get the maximum compensation you deserve.
Useful Links
Road accident statistics for Great Britain
This is the government site for road accidents and safety statistics which you may find interesting.
This is the legislation for the Road Traffic Act 1988.
Government aims to reduce child accidents
This is the government’s report of reducing accidents to children/young people at home or on the roads.
More information on car injury claims
This is a link to a guide about general car accident claims that may be useful to you.
Guide on passenger car accident claims
Again, this links one of our guides about claiming as a passenger in a car accident. So, it could be particularly helpful if claiming on behalf of a child in an accident.
Whiplash Claims Compensation Calculator
Check out our whiplash injury compensation claims calculator. If you have any questions on whiplash compensation amounts for your child’s whiplash claim, contact us today.
Thanks for reading our guide on how to claim child car accident compensation. Please get in touch if you have any further questions about child car accident claims.
