By Cat Grayson. Last Updated 26th January 2024. In this guide, we aim to answer your question, ‘my child got hit by a car, can I claim’ along with other questions you may have about the claims process. Children are exempt from the Whiplash Injury Regulations 2021. This means when making a claim for your child’s injuries such as whiplash injuries you would claim through the traditional channels.
We discuss how you can make a claim on your child’s behalf, including how to claim through the Motor Insurers Bureau (MIB) if your child was injured by an uninsured driver or in a hit and run accident. We explore litigation friends and why your child will need one to claim compensation.
In addition, we explore potential compensation that could result from child accident claims. We also take a look at special damages and provide some examples of what costs could be recovered.
If you would like to use a No Win No Fee lawyer to ease the child accident claims process, we discuss what No Win No Fee actually means. To learn more and hopefully answer your questions, read on.
To get in touch with our advisors and learn more about making a child accident claim:
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- My Child Got Hit By A Car, Can I Claim?
- Can You Make A Compensation Claim If The Driver Is Untraced Or Uninsured?
- How Does A Child Car Accident Claim Work?
- My Child Got Hit By A Car, Can I Claim Compensation?
- Make A No Win No Fee Compensation Claim On Behalf Of A Child
If your child was hit by a car, you might be wondering if you could make a personal injury claim on their behalf. Minors under the age of eighteen cannot claim for themselves, but you may be able to claim for your child’s injuries as a litigation friend if you can prove that:
- Another road user owed your child a duty of care.
- They breached this duty.
- Your child was injured as a result.
All road users owe each other a duty of care to navigate the roads in a way that prevents damage or harm to themselves and others, including pedestrians. To uphold this duty, they are expected to comply with the Highway Code and the Road Traffic Act 1988.
Pedestrians, particularly children, are considered the most vulnerable group of road users under the Highway Code. If your child was injured because another road user failed to uphold their duty of care, you may be able to claim compensation on their behalf.
To learn more about claiming compensation for accidents involving children, read on. Or, contact our team of advisors today to find out if a No Win No Fee solicitor from our panel could help you make a child accident claim.
If your child got hit by a car, you can claim on their behalf, even if that driver is uninsured or untraceable, such as in a hit and run accident.
The Motor Insurance Bureau (MIB) handles claims when the driver is uninsured or untraceable. However, you would still need to prove that the accident was caused by the negligence of the uninsured or untraced driver.
In order to help with the MIB claims process, you might want to hire a No Win No Fee lawyer. You will need to supply evidence towards the claim, which may include medical evidence, such as from a medical assessment. A No Win No Fee solicitor could help gather other forms of evidence, including a police report, to strengthen the claim.
Our advisors can offer free legal advice if your child got hit by a car and you would like to find out if you can make a claim on their behalf.
Claiming compensation on behalf of a child works much like a traditional compensation claim, however, you will need to be appointed as a litigation friend.
If you cannot act as a litigation friend, someone will have to be appointed to act on behalf of your child. If no one is suitable, your child will have three years after they turn 18 to begin their own claim under the Limitation Act 1980.
Acting As A Litigation Friend
Minors cannot claim by themselves while under the age of 18, which means you can claim for your child’s injuries on their behalf as a litigation friend.
A litigation friend acts in the best interest of the child during the claims process up until they turn 18. If your child received a head injury, for example, and that means they are mentally incapacitated beyond their 18th birthday, you can continue to act as their litigation friend while making their claim.
To be your child’s litigation friend you must apply. If you are deemed unsuitable to act in the best interest of your child or have conflicting interests, someone else may apply, including a friend or another family member.
Our team of advisors can advise you on what to do if your child got hit by a car and you think you can claim on their behalf.
Road traffic accident compensation, even on the behalf of a child, could come with two heads; general damages and special damages.
If your child was hit by a car, and the personal injury claim was successful they may be awarded general damages. Physical injuries as well as any psychological injury they suffered could be compensated under this head. To value this head of claim, solicitors refer to the Judicial College Guidelines (JCG). This document contains a list of injuries alongside their compensation bracket. We’ve included some examples in the table below. Please note that the first entry in this table has not been taken from the JCG.
Guideline Compensation Amounts
|Multiple Serious Injuries And Financial Losses
|Up to £150,000+
|A combination of multiple serious injuries and financial losses, including the cost of home adjustments, prosthetics, and mobility aids.
|Less severe brain damage
|£15,320 to £43,060
|May still be persisting problems, but overall, a good recovery.
|Moderate psychiatric damage
|£5,860 to £19,070
|There may have been some problems coping with life, school and relationships, but some improvements made and a good prognosis.
|Chest injuries (g)
|Up to £3,950
|Rib fractures and soft tissue injuries lasting weeks only.
|Moderate neck injuries (i)
|£24,990 to £38,490
|Severe immediate symptoms from fractures or dislocations.
|Severe back injuries (ii)
|£74,160 to £88,430
|Back injuries with special features, such as nerve damage leading to loss of sensation.
|Serious shoulder injuries
|£12,770 to £19,200
|Shoulder dislocation with damage to lower brachial plexus.
|Simple fractures of forearm
|£6,610 to £19,200
|Wrist injuries (b)
|£24,500 to £39,170
|Some useful movement but still a significant and permanent disability.
|Severe knee injuries (ii)
|£52,120 to £69,730
|Leg fracture extending into knee joint with permanent disability.
You or your child may have incurred costs related to the injury. Special damages is the head of the claim where you could recover these costs back. Evidence must be supplied to prove these expenses, however, such as receipts.
If your child got hit by a car, you could claim:
- Lost income. You may have to take time off work to care for your child. You could recover your loss of earnings.
- Care costs. Your child may require specialised care. These costs could be recovered under special damages.
- Cosmetic costs. Your child may require plastic surgery, for example, or special makeup to conceal scars.
Our advisors can provide a more personalised estimate based on your child’s circumstances and advise you on what evidence you could use to claim special damages.
If your child got hit by a car, you could make the claim on their behalf with the help of a No Win No Fee solicitor. You might find the claims process easier, however, with a No Win No Fee solicitor.
A solicitor could calculate how much compensation your child could receive and run through your expenses to see what you could claim under special damages. They could also assist with gathering evidence when making a claim.
A No Win No Fee arrangement, such as a Conditional Fee Agreement (CFA) means no upfront fees are needed to hire the solicitor. A legally capped success fee is taken from the awards of successful claims. There is no success fee to pay when claims fail.
Our advisors could connect you to our panel of personal injury solicitors if the claim seems eligible.
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Related Child Accident Claims
We’ve provided some links that you might find useful:
- Pedestrian Rules from the Highway Code
- What To Do If Your Child Has an Accident Guide from the NHS
- A Government Guide to Claiming Compensation When Hit By An Uninsured Driver
If you would like to learn more about personal injury claims, we’ve provided some more guides that you might find helpful:
- How to Make a No Win No Fee Personal Injury Claim
- Cycling Accident Claims Guide
- Personal Injury Claims Calculator
Thank you for taking the time to read this guide ”If my child got hit by a car, can I claim?” if you have any additional questions about personal injury claims, please call our advisors for free advice.
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Published by AL.