Is RTA Compensation Applicable to a Child Injury?

The claimant will receive RTA compensation when an adult or child injury has occurred during a car accident. The majority of car crashes occur due to bad weather conditions, reckless driving, negligence or vehicle malfunctions. No proper road work can also be the cause. It doesn’t matter what caused the road traffic accident, what does matter is that there will always be someone responsible.

When a child injury occurs in a road accident, it’s up to an adult to make the RTA claim. This is normally the task of the litigation friend – an adult, lawyer or parent whom act’s on the child’s behalf. If this is not the case, then the child has to wait before they reach the legal adult age to make the claim him or herself. The legal adult age depends on the country of residence. Example, in England the age is 18 years.


What are the Legal Procedures Related to Children Claims

Legally speaking, RTA compensation can be sought against the driver responsible for the car crash. Depending if they were the guilty party or if the child received an injury due to no proper restraint such as a safety belt or car seat. Even if the car seat has no damage, you must still buy a new one. The cost of a new car seat can be part of the claim.

It is important to know that only he court has can their consent or approve the claim for RTA compensation. This is called an infant approval hearing. During this hearing, all evidence will be presented and the judge will conclude if the child injury will have any future problems that may affect the child’s health. If this is the case, then the judge will wait for further medical reports stating that the child’s health is in no danger moving forward. The judge will ask the lawyer’s opinion first. After that he will gather all the information necessary to make the right decision, only then he alone will approve the compensation. Children claims aren’t that uncommon as children’s involvement in accidents is quite frequent. You can receive fair compensation thanks to the strict law enforced structures.

If the judge rules in favor of the child, the court will keep the child’s compensation money one side until the child is of legal age. This eliminates the chances of an adult using the money on their own behalf.


The Practical Advice: After the Accident

Seek medical treatment immediately after a car crash. Even if the damage does not appear apparent, there could be internal or skeletal injuries to be aware of. In many cases parents and adults are also shocked, so be sure to have everyone examined for possible injuries.  Make sure everyone involved is alright. Suffering an accident is never pleasant, so be sure to follow our road accident and safety tips to stay safe on UK roads.

  • Take notes: Write down the other party’s details. This will make things much easier going forward. Remember to also write down the names and contact details of all present witnesses.
  • Take photos: Without tampering with the scene or moving anything, you should take photos of the accident. The lawyers might just see something you missed. This is why it’s extremely important to have a working dashboard camera.
  • Report it: As soon as you’re able to, you should report the accident to the police right away. Also keep your insurer in the loop.

After all the details have been recorded, contact an authorized personal injury lawyer and present them with as much information as possible. In the UK compensation will most likely only be awarded after a legal party has been approached, discussed and settled.