How Compo Claims Work for Children

17th October 2023
Category Compensation

If your child been injured in a motor vehicle accident, they may be entitled for compensation for their physical and psychological injuries under the Motor Injuries Act 2017. The RMB Compensation Division explains how the Act works.

If you have a child that is under the age of 18 years and has been injured as a result of a motor vehicle accident, they may be entitled to compensation for their injuries.

Injuries under the Motor Accident Injuries Act 2017 include physical and psychological injuries caused by an incident involving the use or operation of a motor vehicle.

Compensation under the Act includes statutory benefits and potentially a lump sum award of damages. Your child may be entitled to receive statutory benefits if they were injured, regardless of fault.

These benefits include treatment expenses incurred in connection with providing treatment and care for the injured person, for example:

  • Reasonable and necessary medical treatment for an injury resulting from the accident; and
  • Reasonable and necessary travel and accommodation expenses incurred by a parent or other carer of the injured person.

Minors may also be entitled to make a claim for damages. In this scenario, “damages” refers to payment for:

  • past or future economic loss due to the loss of earnings or the deprivation or impairment of earning capacity,
  • non-economic loss, which is dependent on the extent of your child’s injuries, and
  • the cost of financial management of any damages that may be awarded.

Claims made under the Motor Accident Injuries Act 2017 will usually be dealt with by the Personal Injury Commission, however, claims for damages made by minors are generally required to be approved by a judge under the common law system.

Motor vehicle accident claims have strict limitation periods requiring claims to be lodged within three  months from the date of the accident to receive statutory benefits.

The Compensation Division at RMB Lawyers is one of the largest in regional NSW, and has extensive experience in these claims, your first step should be to contact our office to arrange a free consultation. You can contact us by by phone or our 'Ask a Question' tool on our website.