Child road accident claim
Your child was hurt in a road accident, and a claim for someone this young feels confusing.
A child’s road accident claim works like an adult’s in one key way. The at-fault driver’s insurer pays for the injury.[2] What differs is the timeline. A child’s own claim generally does not start its clock until they turn 18.[1]
This page explains who brings the claim now, what the extended deadline means, and the evidence worth gathering while events are fresh.
Who brings the claim while your child is young?
A parent or guardian can act as the child’s litigation representative. They can start the process soon after the accident if the family wants that.
Many families choose to wait instead. There is rarely a reason to rush a claim with years left before its deadline.
Either choice is reasonable. What matters more is documenting the accident properly now, whenever the claim is eventually brought.
The deadline works differently for a child
An adult’s own injury claim generally runs for six years from the accident. A child’s claim is different. The clock generally does not start until they turn 18.[1]
This means the claim can usually still be brought until about age 24. It gives a family real breathing room to focus on recovery first, without a looming deadline shaping every decision.
What injuries and evidence a child’s claim usually involves
- Fractures, including growth-plate injuries that need monitoring over time
- Head injury, assessed carefully given a child’s ongoing development
- The emotional impact of the accident itself, alongside the physical injury
- School attendance and activity records showing the accident’s effect on daily life
Does a young child’s own action count against the claim?
A court can still find some contributory fault. This might happen if an older child ran into the road without looking.
A young child is judged with their age in mind, not against an adult standard.[3] This reduces an award rather than ending the claim.
What to do now, even without a rush
Keep every medical record. Photograph the scene while it is still accessible, and note any witnesses while contact details are easy to get.
Parent of an injured child covers the emotional and practical side of this period. Child pedestrian accident covers that specific situation.
Common questions
Does my child have to claim now, before turning 18?
No. A child's own injury claim generally does not start its clock until they turn 18, so there is usually no rush to file while they are still a minor.[1] Gathering evidence now still helps, even if the claim itself waits.
Who actually brings the claim while my child is still young?
A parent or guardian can act as the child's litigation representative and start the process earlier if the family wants to. Many families choose to wait, since the deadline is not urgent in the way an adult's own claim is.
Who pays for my child's injuries?
The at-fault driver's insurer pays a valid claim for your child's injuries, in the same way it would for an adult.[2] Your child's age does not change who is responsible for paying.
Can my child's own actions reduce what they receive?
A court can find some contributory fault, but a young child is judged with their age in mind, not held to an adult's standard of care.[3] This reduces an award rather than ending the claim.
What kind of injuries does a child's claim usually involve?
Fractures, including growth-plate injuries that need monitoring as the child grows, are common, alongside the emotional impact of the accident itself. A thorough medical report matters even more here, since a child's recovery is harder to predict early on.
Sources
- Thomas Philip, on s.24 Limitation Act 1953 (disability) (accessed 2026-09-22)
- Road Transport Act 1987, s.96 (Ministry of Transport) (accessed 2026-09-22)
- Low & Partners, on s.12 Civil Law Act 1956 (contributory negligence) (accessed 2026-09-22)