Child Road Accident ClaimsChild Road Accident Claims

If you have been involved in a car accident and there were children in the car with you, what happens to them? Are they able to claim compensation for any injuries sustained and how will that claim be dealt with? The purpose of this article is to look at child road accident claims and to see what action you need to take.

Who is responsible for the accident?

Ultimately, because they are children, it is highly likely that they will be able to pursue a claim. In most cases, one of the two following people will be held responsible for the accident causing injury to your child :

  1. You, the parent or family member that was driving the vehicle and caused the accident. In this case your child will be able to pursue a claim for compensation against your insurance policy;
  2. Another driver. In this situation the child will be able to pursue a claim for compensation against the other driver’s insurance policy.

Therefore, it is highly likely that a child injured in a road accident will be able to pursue a claim for compensation.

How does a child make a road accident claim?

As the child is not old enough to pursue a legal claim, a parent or family member will be asked to represent them. This person will choose a solicitor for them and will deal with all correspondence and telephone calls from the solicitor. They will also be asked to take them for a medical examination to fully ascertain the extent of the injuries and to ensure that any necessary treatment is obtained.

At the point that the claim is ready to be settled the parent or family member will discuss the amount of compensation with the solicitor and then agree an amount that is reasonable for the compensation claim. However, before this amount can be accepted, paperwork will need to be prepared to put in front of a local district judge. Once again, because the child is not old enough to make a decision to accept the compensation the court has to approve the settlement made with the insurance company.

Once the court has approved the settlement a small amount may be paid to the child as an advance of the compensation and the rest of the payment will be put into a savings account until the child reaches 18.

The legal fees will be paid by the driver’s insurers company in addition to the compensation for the child therefore ensuring that both the child nor the family member do not incur any legal costs.

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