My child was injured in a car accident

The two deadlines, and why people get this wrong

Parents are often told that a child has until they turn eighteen, and then some years beyond that, to bring a claim. That is broadly true of the limitation period for starting court proceedings. It is not true of the deadline for notifying the compulsory third party scheme, which is short — frequently a matter of weeks — and is generally not extended for a child.

The harm here is specific: a late notification can reduce what a child receives, or end the claim entirely, years before they are old enough to do anything about it — and the parent who waited was usually trying to be careful.

Get them looked at, even if they seem fine

Children under-report pain, and they are poor at describing what is wrong. A child who says they are fine on the day may be sleeping badly a fortnight later, refusing to get in the car, or quietly not using an arm the way they used to.

• See a doctor and make sure the notes say it was a car accident.
• Keep a written record of how they are going — sleep, school, mood, anything they will not do any more.
• Tell the school, so a change in behaviour or schoolwork is noticed and documented by someone other than you.
• Mention any head impact or seatbelt bruising specifically, and any loss of consciousness however brief.

The effect of a crash on a child shows up in behaviour long before it shows up in a scan, and a record kept at the time is worth far more later than a recollection.

If it happened on a school bus or an excursion

There may be several insurers rather than one, and which matters depends on who was driving what. The CTP insurer of the vehicle is the starting point. Beyond it there may be a contracted bus operator, the school, or an education department — and where a school may also be responsible, there can be a claim that runs on different rules from the CTP one.

1. Ask the school for a written incident report today. They complete one as a matter of course, and it becomes much harder to obtain once weeks have passed.
2. Find out exactly who was driving and whose vehicle it was — a contracted bus company, a school bus, a teacher’s own car, or a parent volunteer. Each points at a different insurer.
3. Get the names of other children and adults who were on the vehicle. Witnesses are much harder to find after a term ends.
4. Lodge the CTP claim without waiting for the school to come back to you.
5. Speak to a lawyer, and tell them a school or an operator may also be involved.

How a claim for a child works

• A parent or guardian brings it on the child’s behalf, usually as their litigation guardian.
• Most settlements for a child need court or scheme approval before any money can be released. That is a protection, not an obstacle.
• The money is generally held in trust or by the court until the child is an adult.
• Legal costs in these matters are regulated in several states. Ask what they would be, in dollars, at the first appointment.

Do not settle quickly. A growing child’s injuries can change shape for years — a bone that heals unevenly, a fear of cars that does not fade, schooling that slips — and a settlement is final. There is no reopening it at nineteen.

Do we need a lawyer?

For anything beyond a couple of physiotherapy visits, yes. Claims involving children are handled differently at every stage, and the approval process at the end is not something to navigate for the first time on your own.

• A free first appointment is the norm in this area, and no-win-no-fee is common. Ask about both before engaging anyone.
• The insurer arranges and pays for treatment while the claim runs — you do not wait until the end to get your child seen.
• Ask two questions and expect plain answers: what is this worth, and what will you charge. A firm that will not answer the second is the wrong firm.