Car accidents affect everyone involved – drivers and passengers, and particularly children. When a child is injured in a car accident in Queensland, parents or legal guardians may be entitled to make a compensation claim on their behalf under the Motor Accident Insurance Act 1994 (‘the Act’).

Being a minor, there are some special considerations to note before making a claim which we’ll outline in this article. For one, a child under 18 cannot begin legal proceedings and requires a ‘litigation guardian’ (usually one or both of their parents) to do so on their behalf. There are also considerations about the nature of the injury and how it may change as the child grows.

Here's an overview of what you need to know about making a claim for a child involved in a car accident in Queensland.

Eligibility of a child for compensation

Under the Act, a child who has sustained personal injury as a result of a motor vehicle accident in Queensland may be eligible for compensation. This applies regardless of whether the child was a passenger, pedestrian, or cyclist involved in the accident.

The compensation for a child may cover:

• The costs of medical treatment, rehabilitation services, hospital stays, and any necessary future medical expenses related to the injuries sustained.
• If the child's injuries have resulted in a permanent impairment that affects their future earning potential, compensation may be awarded for the loss of earning capacity.
• General damages (or pain and suffering compensation) to cover the child's physical and psychological injuries, including pain, suffering, loss of amenities, and any permanent disabilities.
• If the child requires ongoing care and assistance due to their injuries, compensation may be provided to cover the costs of such services.

Special considerations in claims relating to children

Because children are still growing and their bodies will change a lot during their teen years, care needs to be taken around the assessment of the injury sustained in the accident. The injury may fully heal over time but alternatively, it may have lasting impacts – affecting the child’s ability to play sport or be involved in other physical pursuits, and potentially disqualify them from certain employment choices down the track.

For this reason it’s important for the child to be properly assessed by a medical specialist/s and any claim be based on what the report says about future impacts of the injury. Parents should not accept the first offer to settle made by an insurer unless they have the full picture on the future impact of the injury on their child.

An important point to note for compensation claims on behalf of a child is the different limitation periods on taking legal action that apply. In any compensation claim it is important to act as soon as possible. Where claims for a child are concerned, any claim must be lodged before the child turns 21 years old if they were under 18 years when the cause of action first arose.

Making a claim and the need for expert advice

The process for beginning a claim on behalf a child is similar to that for adult claimants, starting with a Notification of Accident Claim form being lodged with the relevant insurer (either the at-fault driver's insurer or the Nominal Defendant if the at-fault driver is unidentified or uninsured) within nine months of the accident date or as soon as reasonably practicable. Medical reports, hospital records, witness statements and any other evidence related to the child's injuries and the circumstances of the accident should be gathered in support of the claim.

It is then highly advisable to seek the assistance of personal injury lawyers who specialise in motor vehicle accident claims such as our professional team at Lifestyle Injury Lawyers. We will help you with all of the steps above and clarify the special considerations involved in making a claim for a child to ensure their rights are protected and fair compensation is awarded.