Car accidents can be frightening and complicated at the best of times, in the unfortunate event that children are involved navigating the legalities following an accident can be even more stressful. If your child or you were in an accident as a minor in Victoria you must understand what to do and the compensation you or your child may be entitled to.

Immediate Steps Post-Accident

The moment a child is involved in an accident these steps must be followed closely for their safety and your peace of mind:

• Immediate Medical Attention: Prioritise your child’s health. Even if injuries seem minor, unseen traumas, especially psychological or nasty internal damage, can surface later.
• Gather Vital Information: Collect names, addresses, and vehicle details from all involved parties. Documentation such as photos of the scene and vehicles, can also be invaluable in the claims process later.
• Notify Authorities: In cases of serious accidents or non-cooperative parties, contacting the police is necessary. They provide an official report, vital for legal proceedings.
• Record Your Child’s Symptoms: Post-accident, monitor your child for any changes in behaviour or health. Documenting these observations can be crucial in legal claims and in ensuring the health and safety of the child.
• Lodging a TAC Claim: There are some differences in cases involving children we discuss below but as in any accident, early legal guidance from our team at Carbone Lawyers can streamline the process, ensuring all necessary steps are correctly followed.

The Role of a Child Car Accident Lawyer

Child-specific claims in Victoria have some distinct differences from regular claims and understanding these is crucial for a successful outcome. Our specialisation in all areas of personal injury including children’s motor vehicle accident claims helps us to make the process of seeking compensation as painless as possible. We’re here to be your guide, ensuring no legal stone is left unturned, and your child’s rights remain front and centre.

Car Accident Claims for a Child

Whilst as a general rule it is important to initiate a claim with the Transport Accident Commission (TAC) as soon as possible, children have extended time frames to do so. Whereas generally TAC claim forms must be submitted within 12 months of the day of an accident for the best chance at a successful claim, this isn’t always possible for people under 18 at the time of their accident. The limit is extended to 3 years past the child’s 18th birthday, or until their 24th birthday for common law damages. 

As children may still be developing at the time of their injury and potentially will not have entered the workforce, understanding their compensation entitlements can be tricky. Broadly speaking, TAC covers medical expenses related to the accident as well as additional costs incurred in supporting the child’s recovery including when necessary the payment of a dedicated nurse or carer including family where appropriate and specially approved by the TAC.

Despite the child likely not having entered the workforce at the time of their accident, the TAC provides for an entitlement of lost income including potential future income. This means that if the child is unable to work because of their accident, they may be entitled to potential lost wages regardless of whether or not they had an income at the time. These cases and instances where negligence is involved can be especially complicated and require experienced lawyers like the team at Carbone Lawyers to assist in the claim.

Reach Out to Carbone Lawyers

If you were injured in an accident as a child or are the guardian of a child involved in an accident we are just a call or click away. Our No Win, No Fee policy means there are almost always no upfront costs to us helping you get the compensation you deserve, don’t settle for less and call 1800 369 888 for compassionate and expert advice.