By Brett Williams. Last Updated 17th August 2021. Welcome to our guide on child car accident claims.
You may not be aware of this, but if your child is injured in a car accident that is someone else’s fault, you may be able to make a personal injury claim for their injuries. Sadly, children could become injured in ways that could affect them for the future, and if you are eligible to make a child car accident claim on their behalf, the compensation payout could in some cases cover you for future treatment or care costs in cases where further treatment or care is required. Of course, if your child was in a car accident and you did not make a personal injury claim on their behalf, they could be able to make one themselves once they turn 18. However, you may prefer to make one on their behalf before this time so that all evidence could be easily gathered, and the events could be fresher in the minds of any witnesses.
In addition, if you are facing medical costs pertaining to your child’s injury, you may be able to get an interim payout to help you with this, rather than waiting until your child turns 18 if you make a claim on their behalf. We will cover this in more detail later on in this guide, along with taking you through some of the important information you may need to be aware of if you are making personal injury claims for children.
If something in this guide is not clear, or you have more questions about your children’s accident claim, then please do not hesitate to call us for advice on 0800 073 8801. We could even help to provide you with a personal injury solicitor to help you make a children’s injury claim. You can read more about our services near the end of this child car accident claims guide.
Select A Section
- A Guide To Child Car Accident Claims
- What Are Child Car Accidents?
- Road Safety And Accident Statistics Relating To Children
- Common Child Road Traffic Accidents And Injuries
- Child Car Accident Whiplash Injury Claims
- How Do Child Car Accident Claims Work?
- Who Could Be A Litigation Friend?
- What Steps Should I Take If My Child Is Injured In A Car Accident?
- Time Limits To Make A Child Car Accident Claim
- Child Car Accident Personal Injury Claims Calculator
- Other Damages Which Could Be Claimed For
- No Win No Fee Child Car Accident Claims
- How Accident Claims UK Could Help Child Car Accident Victims
- Contact Us To Begin Your Claim
- Essential Links
- Victim Support
Over 150,000 people were injured on UK roads in 2019, according to statistics. Some of these casualties may have been children, and if they were injured in a road accident that wasn’t their fault, you could consider making a children’s car injury claim on their behalf, rather than waiting until they are old enough to do it for themselves. But how do you go about making personal injury claims for those who are unable to do so for themselves? All this and more is explained in the sections below. We will talk you through the basics of making a children’s accident claim and answer some of the pressing questions you may have about doing so, such as:
- Can I claim for whiplash for my child?
- Can I claim for an accident after 3 years?
- How much is my car accident settlement worth?
- If a child was hit by a car, would an insurance claim payout?
- And more…
We will also talk about how personal injury claims of this type work, explain what no win no fee is, and why it could benefit you to make a child car accident claim on a no win no fee basis, and we’ll offer guidance and support on how to go about making a claim on behalf of a child. Why not read on to find out more.
Before we look at child car claims, let’s first look at what these accidents could involve.
Essentially, if another road user was at fault for an accident your child was in, then you could consider making a child car accident claim on their behalf. Being in an accident could be traumatic enough for you, but if your child is injured, it could cause you to suffer mentally as well, and while nothing could take back the experience of your child being injured, a compensation payout could make a difference to your child’s level of treatment and even their recovery. It could even make a difference to their future. Whether the child car accident was serious or only minor, if your child were injured, you may want to get them compensation sooner rather than later, in case it becomes harder over time to preserve evidence for your child to use making their own case after they turn 18.
In other cases, you may have an immediate need for funds to help pay for medical treatment that you may not be able to afford alone, and a compensation payout could help with this, too, along with providing compensation for future medical costs as well.
Let’s look at some statistics relating to child car accident claims.
According to the Department for Transport’s reported casualties by age band, road user type and severity report, which was released in September 2020, children who are under the age of 16 are some of the most vulnerable road users. Although the child car accident statistics show that the number of children killed on UK roads has fallen between 2013 and 2019, there were still 5,693 children injured on the roads in 2019.
After cars, buses and coaches posed the most severe risk to children under 16, with 398 children suffering injuries of any severity from bus and coach accidents.
Next, let’s look at some common injury types related to child car accident claims.
As we have mentioned, more children that were pedestrians than were passengers were injured in car accidents in 2013. If a pedestrian is hit by a moving vehicle, it could cause traumatic damage in many ways to a person, and children could be considered more vulnerable to serious injuries because of their immaturity in development. Common child car accident injuries could include:
- Cuts, ranging from minor to severe
- Internal injuries
- Other soft tissue injuries
However your child was injured in a car accident, and whatever injuries they have suffered, if it was someone else’s fault, you could look into making a claim for compensation.
You could make a claim for whiplash injuries sustained by a child.
Whiplash could be considered a common injury stemming from road traffic accidents, and if you are wondering about making a children’s car injury claim for whiplash, there may be a few things you’d like to know.
Whiplash is an injury that is caused by a jolting movement to the head, either backwards and forwards or sideways. When the head jerks in this manner, it could cause injury to the neck by stretching and damaging the tendons and soft tissues in the neck.
Whiplash symptoms do not always appear straight away after an accident, and you may not initially think about making a child car accident compensation claim immediately after an accident because you may think your child isn’t injured. However, it may be best for you to get your child checked out after any car accident in order to ensure that they have not suffered damage that is not immediately visible. If your child seems to have a stiff neck, headache or complains of pain some days after an accident, this could be the onset of whiplash, so you may wish to get them to a doctor.
A child is not considered to have the capacity to make a compensation claim for themselves. However, someone could be appointed on their behalf to claim for them. This person would be referred to as a litigation friend. Alternatively, you could wait until your child was 18, and they could claim for themselves if they choose to do so. However, it may be a little more difficult for them to gather evidence at this time, so some parents of children aged under 18 may choose to act on their behalf to make a claim.
Payouts for child car accident claims of this type are sometimes held in trust for a child until they reach 18. However, in some circumstances, funds could be released to pay for medical care, etc. If you would like to know more about this, our advisors would be happy to talk this over with you.
It may be possible for you to act as a litigation friend in certain circumstances. This would enable you to make some decision about court cases on behalf of:
- An adult that did not have sufficient mental capacity to make a decision about their case
- A child (for example, in these kinds of child car accident claims)
Anyone could be appointed a litigation friend by the court. Examples could include:
- A family member or friend
- A parent or guardian
- A solicitor
- An advocate (professional) – could include an Independent Mental Capacity Advocate
- A deputy from the Court of Protection
- A person with enduring or lasting power of attorney
To ascertain whether you would be suitable for the position, the court would check to make sure you don’t have conflicting interests to theirs and that you are able to make fair and competent decisions. You would be required to fill out a certificate of suitability as part of an application to be a litigation friend. If a child turns 18 during the case, you might be required to apply to stop being their litigation friend.
There are various things you could do if your child is injured in a car accident to help give your child car accident claims the best chance of success. Steps you could take after taking your child to get medical treatment might include:
- Write everything down – Taking down notes could help job your memory if you forget exactly what happened in your child’s car accident
- Take photos – Getting photographic evidence of the scene and any injuries could be useful
- Get people’s details – Not just for the motorist that may have caused the accident but also for any witnesses
- Keep proof – Any expenses you’ve faced due to the accident could be claimed for as part of a child car accident claim if you’re able to provide proof that they directly arose from the car accident your child was injured in
- Get professional help – At a time that you may feel is already stressful, going through a child car accident claim alone could add even more stress. Getting help from a solicitor with experience in the field could take some of the stress from your shoulders when it comes to making such claims so that you could concentrate on helping your child recover
At Accident Claims UK, we could provide guidance and support on all the steps you might want to take when making a car accident claim for a child in the UK, as well as helping connect you with a solicitor who could help you obtain child car accident compensation.
Did you know that child car accident claims have time limits within which they must be made?
The usual personal injury claims time limit for a car accident is 3 years from the accident date (although there are some exceptions). However, in child car accident cases, it may be possible for a child to claim for themselves once they turn 18. If a claim is in progress as a child turns 18, they may then take over decision making during the case, which would end the litigation friend’s responsibility for making decisions regarding their claim. If you are nearing your child’s 18th birthday and are still thinking of making a child car accident claim on their behalf, then why not call us to discuss all of your options?
Are you wondering how much compensation might be paid if your child is injured in a car accident?
Whether you have used a personal injury claims calculator before or researched payouts online in another way, it may be prudent to note that a child injury compensation calculator or online research could not put an accurate sum on your potential payout, as there are too many variants between cases. Instead, we have provided a snapshot of Judicial College Guideline amounts for specific injuries that a person could suffer in a car accident. We hope you find this easy to use, but if your injury doesn’t appear here, you could call us for clarification.
|Neck injuries – Moderate||£23,460 to £36,120||Dislocations/fractures with serious immediate symptoms and where spinal fusion might be required. They could impair function long-term.|
|Neck injuries – Moderate||£12,900 to £23,460||Involving wrench injuries and potentially disc lesions that are severe. There may be a need for surgery or the claimant might be more vulnerable to trauma in the future.|
|Leg injuries – less serious||£16,860 to £26,050||Fracture where recovery is incomplete, or cases of serious soft tissue damage.|
|Forearm fracture – simple||£6,190 to £18,020|
|Arm injuries – less severe||£18,020 to £36,770||At first there may have been severe disabilities but these may have resolved significantly over time.|
|Clavicle fracture||£4,830 to £11,490||Awards would be calculated based on level of displacement, how severe symptoms were, and what residual symptoms remain, as well as the level of disability.|
|Fracture to Tibia||Up to £11,110||With ongoing minor symptoms|
|Scarring||£7,350 to £21,330||One single disfiguring scar, or several noticeable ones, on the hands, back, arms, legs, or chest.|
|Mental Anguish||£4,380||Fear of impending death.|
Updated August 2021.
Here are some damages that could be compensated as part of your child car accident claims.
As well as the amounts listed above, which could be classed as ‘general damages’, your child car accident claim may include another type of compensation, known as special damages. This covers the monetary losses and costs that have arisen directly from a child car accident and could include:
- Care costs – If your child has required some form of care that you have had to pay for, then this could be covered under special damages
- Medical costs – Likewise, if medical costs could also be considered special damages
- Travel costs – Travel to medical appointments and other travel occurring as a direct result of the child car accident such as travel to legal appointments may be considered special damages
- Loss of income – You may also be able to claim compensation for losses in wages that you have borne as you have needed to stay off work to care for your child.
In some cases, an interim payment may be able to be secured as part of your claim to ensure you do not face further financial hardship because of your child car accident. It could be wise to speak to a lawyer if you feel this is something that could benefit you.
Are you considering making a child car accident claim but are unsure as to whether you had enough money to retain the services of a personal injury lawyer? If so, making a claim under a no win no fee agreement could benefit you, as you wouldn’t need to pay any monies upfront to begin a claim on behalf of your child.
This may come as a relief to those who may fear risking their own funds to utilise the services of a solicitor. Whether you are making a child whiplash claim or another type of children’s car accident claim, Accident Claims UK could provide you with a solicitor who could help you. Terms for this type of claim are laid out in a Conditional Fee Agreement, which sets out the percentage that a solicitor could expect to receive from the compensation settlement as a success fee. This is legally not allowed to be more than a small percentage of the total payout, and if your solicitor didn’t manage to secure you a payout for a valid claim, the success fee would not be payable.
If you’re child has been injured in a car accident, it’s important that they are compensated fairly for any suffering. The important thing is that everything is included within the claim because, by law, you can only make a single claim. After a settlement is agreed upon, you can’t ask for more compensation later on. This is a really important thing to consider, especially if there will be long-term consequences for your child.
To help ensure your child is compensated fairly, we’d suggest working with one of our personal injury solicitors. With their experience, they could help you to win your case and might even mean you receive a higher settlement figure.
To make the process easier for you, the solicitor will try to manage everything for you. This includes setting up the litigation friend process, gathering evidence and dealing with any objections sent by the defendant’s insurers.
If you would like to know more about how we can help you claim if your child has been injured in a car accident, why not call today? Any advice we offer is free even if you decide not to proceed with a claim.
Child Car Accident Claims FAQs
What happens to my child’s compensation?
Any compensation that someone under the age of 18 receives will be put into an account to accrue interest until they reach the age of 18. But sometimes, if the money is needed for specific needs like healthcare, an application can be made to have some of the funds released.
Can my child make a claim for themselves?
Children under the age of 18 aren’t able to bring their own personal injury claims to court. In order to do so, they need a litigation friend. A litigation friend should be someone like a parent, guardian or relative who has a close relationship with the child and can be trusted to act with their best interests at heart. Someone will be determined suitable to be a litigation friend by the court.
How long do I have to claim for my child?
When an adult is injured, personal injury claims after an accident will need to be made within 3 years in order to be considered. But when the accident has affected someone under the age of 18, this is no longer the case, and the victim will have until their 21st birthday to make a claim for personal injury compensation.
What damages could be claimed for?
As part of personal injury claims, general damages and special damages are the two types of damages that can be compensated. Whereas general damages cover physical and psychological harm, special damages cover financial losses and damage to property.
How much could I be entitled to claim?
There is no way of estimating your payout without assessing the details of your case, as claims are valued on a case-by-case basis. For a free consultation, contact one of our specialist advisors today.
Do I need to get a lawyer?
Not by law, no, as you can claim without any legal help. However, a lawyer can significantly increase your claim’s chances of success.
What are some benefits of a No Win No Fee agreement?
- No upfront fees
- No hidden fees
- No fees at all unless your lawyer wins your case
How can I contact Accident Claims?
Please see the section below for information on how to get in touch today.
Whether you feel you are ready to begin with a child car accident claim or you’d like more information on child personal injury settlements for UK cases, we’re here to help. You can get in touch with us at any time:
We look forward to hearing from you.
Although the time limits for claiming on behalf of a child are longer, it’s always advisable to start proceedings as soon as is reasonably possible to give your claim the best chance of succeeding.
Accident Statistics For UK Roads – Here, you can see some of the latest statistics on RTAs.
Road Traffic Act – Here, you can see the Road Traffic Act 1988.
Information On Child Compensation Payouts – The government offers some advice on what happens with child compensation payments.
General Information On Whiplash Claims – Here, you could find some more information about whiplash claims.
Was Your Child Injured As A Pedestrian? – You might find some useful information in our guide on pedestrian accidents.
Injuries To Cyclists – Guidance and support for cyclists injured on UK roads could be found here.
You may find help for parents of children injured in road accidents in the UK below:
Brake – Emotional support for victims of sudden injuries, deaths or illnesses could be found here.
Children And Young People (Victim Support) – A useful resource for help for young victims.
Thank you for reading our guide on child car accident claims.