When a child is injured in a car accident, the effects can be devastating – physically, emotionally, and financially. In South Australia, children have the same legal rights to compensation as adults, but the process for making a claim on their behalf is a little different.

Whether your child was a passenger in a car, a pedestrian or riding a bike, if someone else was at fault, they may be entitled to compensation under the Compulsory Third Party (CTP) insurance scheme.

Here’s what parents and guardians need to know.

Yes.

Children injured in motor vehicle accidents in South Australia can be entitled to compensation. However, since a child (under 18) cannot file a legal claim themselves, a litigation guardian (typically a parent or legal guardian) must act on their behalf.

The car accident claim can include:

• Medical expenses (past and future)
• Pain and suffering
• Costs for psychological care
• Care or assistance required at home
• Impact on future earning capacity

The CTP (Compulsory Third Party) scheme operates similarly for children and adults, but with some important differences:

• The claim is initiated by the litigation guardian.
• The process often involves greater scrutiny around long-term medical outcomes, particularly for developmental and psychological impacts.
• If a compensation settlement is reached, it must be approved by the Court to ensure it is in the child’s best interests.

In South Australia, when a child receives compensation, the money is usually placed into a trust fund. The child can then usually access the funds once they turn 18. This ensures the compensation is protected and used appropriately.

In some cases, part of the funds may be released earlier for essential medical treatment or care, but this requires court approval.

Car accidents can cause a wide range of injuries in children, including:

• Head injuries and concussion
• Broken bones or fractures
• Internal injuries
• Whiplash and soft tissue damage
• Scarring
• Long-term psychological trauma (e.g. fear of travelling in cars, PTSD)

Even if symptoms don’t appear straight away, it’s important to get a full medical assessment immediately after the accident.

While a CTP claim form is required to be submitted within 6 months of the accident, under South Australian law, children generally have until their 21st birthday to make a personal injury claim for an accident that occurred before they turned 18.

This extended timeframe allows for delayed symptoms or long-term impacts to become apparent.

However, it’s always best to begin the claim as soon as possible, especially while evidence and medical records are fresh.

Get medical attention immediately, even if the injuries seem minor.

Gather evidence: photos of the accident scene, contact details of witnesses, and any police reports.

Speak to our Adelaide personal injury lawyers as soon as possible as the claims process can be complex, especially with a minor involved.

We understand the emotional toll of seeing your child injured.

We also know how critical compensation can be in helping with recovery, therapy and long-term needs.

We handle child injury claims with care and compassion, guiding families through every step of the process.

Our team of car accident lawyers:

• Handles all communications with the insurer
• Works with trusted medical experts to assess future impacts
• Seeks court approval for the best possible settlement
• Operates on a no-win, no-fee basis

Child injury claims after a car accident come with unique legal and emotional challenges. But with the right support, you can ensure your child gets the care, compensation, and protection they deserve.

If your child has been injured in a car accident, even if it happened months or years ago, get in touch with us for a free, no obligation claim check today.