Collision with a child

What is going on if your child has been hit by a car?

Children are the most vulnerable road users there are. They do not yet have a good overview of traffic, act impulsively, and struggle to estimate speeds and distances. A child who suddenly runs into the street chasing a ball, or who makes a traffic error while cycling, does not do so out of irresponsibility, but simply because they are still a child. Unfortunately, collisions with cars, motorcycles, or scooters often result in serious and sometimes permanent injuries for children.

As a parent or caregiver, you are facing a difficult time. In addition to caring for your child, you are confronted with practical and legal questions. The good news is that the law provides extensive protection for your child. Do you want to know what your child is entitled to? Have the traffic accident assessed without obligation.

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Who is liable if a child is hit by a vehicle?

Children enjoy the strongest protection under traffic law. The basis lies in Article 185 of the Road Traffic Act (WVW), which stipulates that the driver of a motor vehicle is, in principle, liable for the damage sustained by a vulnerable road user, such as a child cycling or walking.

The 100% rule for children under 14

For children under the age of 14, the protection extends much further. The so-called 100% rule applies to them: a child under the age of 14 hit by a vehicle receives full compensation for their damages, even if the child made a traffic error themselves. Whether your child crossed suddenly, failed to yield the right of way, or cycled through a red light: this responsibility is not held against the child. The driver of the motor vehicle must pay full compensation for the damage.

There is only one, extremely rare exception: intent or recklessness bordering on intent on the part of the child itself. This means that the child would have caused the accident consciously and willfully. In practice, this is virtually unthinkable with young children, because they cannot yet fully foresee the consequences of their behavior. So never let an insurer convince you that it was your child's fault and that nothing will be reimbursed for that reason; that reasoning is almost always incorrect for a child under 14.

Children aged 14 and over

If your child is 14 years or older, the 100% rule no longer applies, but your child still enjoys protection. In that case, the 50% rule applies: at least half of the damage is reimbursed, and through the equity adjustment, that percentage is often even higher. Therefore, even a teenager is in a strong legal position after a collision.

Who handles the claim for a minor child?

Because your child is a minor, you act as a parent or legal representative to claim the damages. You decide on the steps together with us, but the child is and remains the rightful claimant: the compensation is intended for your child. In the case of larger amounts of damages, the subdistrict court judge ensures that the funds are properly managed, for example via a blocked account that is released when your child turns 18. This is an additional safeguard, precisely to protect your child's future.

It is tempting to quickly accept an offer from the insurer after the initial shock, so that the matter is behind you. Do not do this without independent advice. With children, a premature settlement is particularly risky, because the full consequences of the injury only become apparent years later. We ensure that a settlement is only reached when your child's situation is sufficiently clear.

What damages and compensation for pain and suffering can you claim?

After a collision, your child is entitled to compensation for all damages. In the case of children with serious or permanent injuries, those damages can extend over a lifetime, which makes the claim particularly important. We distinguish between two types of damage.

Material damage includes everything that can be expressed in monetary terms:

• Medical costs: treatments, physiotherapy, aids and rehabilitation.
• Future loss of earning capacity: if permanent injury limits later opportunities on the labor market.
• Study delay: because your child misses classes or a school year.
• Travel expenses and assistance: trips to the hospital and extra care at home.
• Parents' costs: leave you take to care for your child can also count.
• Adaptations: to the home or transport in case of permanent injury.

In addition, there is non-material damage: compensation for pain and suffering. For a child who suffers pain, undergoes a long rehabilitation, or is left with permanent disabilities, this can amount to a substantial sum. After all, the child misses out on a part of their childhood, sports, hobbies, and carefree days. Would you like a first impression? Then use our personal injury calculation tool. You can find a complete overview on the compensation, and read more about compensation for suffering under pain and suffering.

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What should you do as a parent after the collision?

The steps you take immediately can be of great importance later for your child's file.

• Take care of your child first: go to the hospital and always have the injury documented.
• Gather evidence: take photos of the situation, the vehicle, and the injury.
• Note down the driver's details: license plate number, name, and insurance.
• Note down witnesses: ask for the name and phone number of people who saw it happen.
• Keep all receipts: keep records of expenses such as travel, medication, and assistance.
• Do not sign anything from the other party: do not enter into negotiations with the insurer yourself and do not accept a quick offer.
• Engage a personal injury expert quickly: a carefully built file is essential, especially for children with potential permanent injuries.

Do I need an expert or a lawyer?

The most important thing you need to know: professional help after a collision involving your child costs you nothing. This is regulated in Article 6:96 of the Dutch Civil Code. The reasonable costs of legal assistance are included in the damages and, in the event of a justified claim for liability, are paid by the opposing party's insurer. So, you never have to reach into your own wallet.

Why is seeking help still advisable? Because personal injury claims involving children must be handled with particular care. The consequences of permanent injury only become truly apparent over the course of years, as your child grows up, goes to university, and enters the job market. A settlement that is too hasty or too low can disadvantage your child for the rest of their life. An experienced personal injury expert knows the 100% rule, considers future damages, and ensures that everything is safeguarded.

Also pay attention to the statute of limitations, as there is an important exception here in your child's favor. The limitation period only begins to run from the moment your child turns 18. You therefore have plenty of time, but do not wait too long to gather evidence. We are ready to assist you with a no-obligation consultation and will honestly tell you what your child is entitled to.