If your child got hit by a car, this may have caused them to suffer serious injuries. Not only may you be wondered about their safety and future wellbeing, but you may wonder whether you could claim compensation on their behalf.
In this guide, we look at when and how to claim on behalf of your child if they were hit by a car. This includes explaining the duty of care all road users owe each other and the duties you owe when claiming on their behalf as a litigation friend.
We also explain the different types of compensation that could be awarded and how these are calculated within personal injury claims. Additionally, we look at how a No Win No Fee solicitor from our panel could help you make a claim on behalf of your child.
If you have any questions about the claiming process, or would like to discuss your child’s specific case, you can contact our advisory team today.
- Call us on 0800 408 7825
- Use the live chat pop-up on this page.
- Or contact us online.
Browse Our Guide
- Can You Claim Compensation If Your Child Got Hit By A Car?
- How To Claim Compensation If Your Child Got Hit By A Car
- Can You Claim Compensation If The Driver Is Uninsured Or Untraced?
- How Much Compensation If Your Child Is Hit By A Car?
- Why Claim Compensation For Your Child’s Injuries On A No Win No Fee Basis?
- Read More About Claims For Personal Injuries
Can You Claim Compensation If Your Child Got Hit By A Car?
If your child has been hit by a car, they could have grounds to be awarded compensation for pain and suffering caused to them. In order to make a personal injury claim you will need to ensure that the circumstances of the incident meet the eligibility criteria.
Every road user has a duty of care to use the roads safely and responsibly to prevent causing harm to one another. Additionally, they must also ensure that they comply with The Road Traffic Act 1988 and the rules within the Highway Code.
Rule 204 of the Highway Code sets out drivers’ duty to pay particular attention to children when driving as they are considered one of the most at risk road users. Drivers should be aware of the possibility of children crossing the road and drive carefully in areas close to schools.
To be able to make a personal injury claim on behalf of your child, you will need to prove that their case meets the following eligibility requirements:
- Your child was owed a duty of care.
- A road user breached this duty of care. For example, by not paying attention to the road while driving.
- Your child suffered an injury due to this breach.
What Is A Litigation Friend?
Usually, the time limit for beginning a personal injury claim is three years from the date the accident occurred, as set out in the Limitation Act 1980.
However, those under the age of 18 are not legally able to claim compensation on their own behalf until they become 18. If your child was injured you may wish to claim on their behalf. In order to do so, you will need to act as a litigation friend.
A litigation friend is an adult who acts in the best interest of the claimant. For example, this may be a solicitor, guardian or parent. The court can either appoint you as a litigation friend or you can apply to be one.
If a litigation friend does not make a claim on their behalf, the child will have three years to start their own claim from their 18th birthday.
To see whether you may be eligible to make a child accident claim as a litigation friend, or to ask any questions regarding the road traffic accident claims process, you can contact our advisors.
How To Claim Compensation If Your Child Got Hit By A Car
In order to claim compensation for accidents involving children, there are certain steps that could be taken to help support the claiming process.
One of the most important steps you can take is to secure as much evidence related to the accident and the child’s injuries as possible. Types of evidence that could help support your case when claiming compensation on behalf of your child include:
- Details of the road user involved in the incident. You should request their name, contact details, vehicle registration number and insurance details.
- A police report, if they were called to the scene of the accident.
- Details of anyone who witnessed the accident taking place. This may include other pedestrians or road users.
- Video footage that shows how your child got hit by a car. This could be from CCTV or a dashcam.
- Your child’s medical records, detailing their injuries and the treatments they received.
One of the personal injury solicitors on our panel could help you with gathering evidence to support the claim as part of their services. To see if you could work with one of them for your child’s claim, you can contact our advisors.
Can You Claim Compensation If The Driver Is Uninsured Or Untraced?
Road users are required by law to have appropriate insurance in place for their vehicles and to stop at the scene of an accident if it caused any damage or injury.
However if your child got hit by a car and they failed to stop at the scene of the accident, you could still make a claim for this hit and run accident on your child’s behalf through the Motor Insurers’ Bureau (MIB).
The MIB can award compensation to those who have been affected by untraceable and uninsured drivers. They also work with the police and the Driver and Vehicle Licensing Agency (DVLA) to tackle and reduce the amount of uninsured drivers on the roads.
Contact our team to learn more about how to claim against uninsured or untraced drivers if you child was involved in a hit and run accident.
How Much Compensation If Your Child Is Hit By A Car?
If you do make a successful claim for your child’s injuries they will be awarded compensation under the head of loss known as general damages. Compensation under this heading is awarded for the pain and suffering the child’s injuries have caused them to experience.
Those calculating your child’s claim for general can refer to any medical evidence provided as well as the Judicial College Guidelines (JCG). Within this document are a range of compensation guidelines for different injuries.
In the table below we have used some of these figures, aside from the first entry. Please only use this table as a guide.
| Injury | Severity | Compensation |
|---|---|---|
| Multiple severe injuries plus financial losses | Severe | Up to £1,000,000+ |
| Brain Injury | Moderately Severe (b) | £267,340 to £344,150 |
| Moderate (c)(i) | £183,190 to £267,340 | |
| Neck Injuries | Severe (a)(i) | In the region of £181,020 |
| Moderate (b)(i) | £30,500 to £46,970 | |
| Arm Injuries | Severe (a) | £117,360 to £159,770 |
| Foot Injuries | Severe (d) | £51,220 to £85,460 |
| Leg Injuries | Severe (b)(iii) Serious | £47,840 to £66,920 |
| Back Injuries | Moderate (b)(ii) | £15,260 to £33,880 |
| Shoulder Injuries | Moderate (c) | £9,630 to £15,580 |
Compensation For Financial Losses
Additionally, special damages could be awarded for any financial losses you have experienced due to your child’s injuries. For example, you may have experienced a loss of earnings if you needed to take time off of work to care for your child and their injuries. Under special damages, you could potentially recoup these lost earnings.
Examples of other financial losses you may be able to claim for if they were caused by your child’s injuries include:
- The cost of their prescriptions and any medical treatments you’ve had to pay for them to receive.
- Travel costs to and from your child’s medical appointments.
- Any care costs if you have required someone to look after you child because of their injuries.
Evidence will need to be presented of these financial losses in order to claim compensation for them. This could include payslips, receipts, bank statements and invoices.
If your child got hit by a car, and you would like a free valuation of how much compensation they could potentially receive, you can contact our advisory team today.
What Happens To Your Child’s Compensation If You Claim On Their Behalf?
If you successfully claim compensation on your child’s behalf, the amount they are awarded will be held in a Court Funds Office account until they are 18.
A few days prior to their 18th birthday they should receive communication that they will soon be able to access these funds. However, there is a possibility that money from this account could be withdrawn sooner for exceptional circumstances relating to the child’s injuries. For example, if they require emergency surgery that is not available for free elsewhere.
If your child got hit by a car, and you would like a free valuation of how much compensation they could potentially receive, you can contact our advisory team today.
Why Claim Compensation For Your Child’s Injuries On A No Win No Fee Basis?
If your child got hit by a car and you are eligible to make a personal injury claim on their behalf, a solicitor from our panel could help guide you through the claims process. Additionally, a solicitor from our panel could offer to work in your case on a No Win No Fee basis.
Specifically, they could offer you a Conditional Fee Agreement. With this in place, you will not need to make any upfront or ongoing payments for their services. Furthermore, should your child not be awarded compensation following an unsuccessful claim, they will not charge you for the work they have provided.
If your child’s’ claim is successful the solicitor working on the case will change a success fee. This is fee is a percentage of the compensation awarded that is subjected to a legal cap.
Contact our friendly advisory team today to learn more about making a claim as a child’s litigation friend with the help of a No Win No Fee solicitor from our panel. They can also also offer you free advice for the case:
- Call us on 0800 408 7825
- Use the live chat pop-up on this page.
- Or contact us online.
Read More About Claims For Personal Injuries
Some additional guides by us about personal injury claims:
- In this guide we look at when you could claim for nerve damage after a car accident.
- This guide looks at what you could do after a car accident that wasn’t your fault and how to claim compensation.
- Finally in this guide we look at when an interim payment could be awarded in personal injury claims.
Further external resources:
- Find road safety statistics from the Department of Transport in this resource.
- This NHS guide on broken bones looks at how to tell if you or someone else has broken a bone.
- Find out what you can do if your child has an accident in this NHS resource.
We hope our guide has helped you to understand what steps you can take if your child got hit by a car. Contact our friendly team today to see whether you may be able to make a claim on their behalf.