Why Children Can Always Claim Compensation For Injuries In A Car Accident Or Other RTA
I am often asked if a child can claim compensation for injuries sustained as a passenger in a car accident or other vehicle accident.
The answer to this question is invariably, “Yes”. As the child is a passenger and not in control of a vehicle the child will have a claim against the person responsible for the car accident whether that be the driver of the vehicle the child is travelling in or the other driver who caused the accident.
The only slight technical difficulty is that a child must make an accident claim via a litigation friend – an adult who is typically the child’s parent.
If the parent was driving the vehicle and caused the accident – that parent cannot be the litigation friend as that parent would be sued by child for compensation. Of course, the driver’s motor insurer will pay the compensation, but there is technically a conflict of interest.
If this is the case – the child’s claim can be made with the other parent as litigation friend or perhaps with a grand parent or other relative as a litigation friend.