Children’s Road Traffic Accident Claims | Infant Approval Guide

Children’s Claims Following a Road Traffic Accident

If your child has been hurt in a road traffic accident — whether as a pedestrian, cyclist, passenger or otherwise — it can be a stressful and confusing experience. As a parent, your priority is your child’s health and wellbeing. But if their injury was caused by someone else’s negligence, you have the right to seek compensation to help cover recovery costs, time off work, ongoing care, and more.

One of the first questions many parents ask is, “How does this work legally, especially for a child?” This blog explains, in plain English, how minor injury claims for children are handled through the Ministry of Justice (MOJ) portal, and what happens at an infant approval hearing.

What Is the MOJ Portal?

The MOJ Portal is a digital system used for managing small and straightforward personal injury claims without going to court. It helps insurers and claimants exchange information and settle claims fairly and efficiently. It’s often used for road traffic accident claims where the injury is not too complex — but children’s claims are always treated with extra care and certain legal protections.

Why Are Children’s Claims Different?

Legally, anyone under 18 is considered a minor (sometimes called an “infant”). Because children cannot make binding legal decisions on their own, our justice system requires special protections to make sure any settlement is genuinely in the child’s best interests.

One of the biggest protections is the infant approval hearing — a step designed to protect your child’s rights.

Starting a Claim for a Child in the MOJ Portal

When a claim is started for a child in the MOJ portal:

A Litigation Friend Must Be Appointed

Because a child cannot legally conduct their own claim, a litigation friend (usually a parent or guardian) must act on their behalf.

A litigation friend is responsible for:

• Making sure the child’s best interests are front and centre
• Approving the legal steps taken in the claim
• Receiving and managing any compensation on behalf of the child

As a parent, you may already be doing this without realising — but officially, the law requires it to be documented.

What Happens in the Portal? An Overview

Inside the MOJ portal, the process generally looks like this:

Step 1: Claim Submitted

We submit details of the accident — what happened, when it happened, who was at fault, and details of your child’s injuries.

Step 2: Liability Decided

The other side (usually an insurer) reviews the claim and advises whether liability is admitted or denied.

Step 3: Medical Evidence

We will arrange for your child to attend (with you or their Litigation Friend) a medical appointment as close to home as possible. The expert will examine your child and send a report to us detailing their injuries and expected recovery time.

Step 4: Settlement Is Negotiated

Once liability and injuries are clear, we submit all the evidence and the insurer will make an offer to settle. This might happen earlier or later, depending on how serious the injuries are and how much evidence is needed.

Why You Often Can’t Simply Accept a Settlement for a Child

Here’s where things differ from an adult claim:

For children, their injuries need to be valued by Counsel. Upon your confirmation that the medical report is factually correct and accurate, we will have the injuries valued by a Barrister. We will advise you of the valuation and submit this to the other side to invite their offers.

However, even if the other side offers a fair amount and you, as a parent, want to accept it, the court still needs to approve the settlement if the claim is for a minor.

This is where the infant approval hearing comes in.

Infant Approval Hearings — What They Are and Why They Matter

An infant approval hearing is a special court review of the proposed settlement.

Courts recognise that a child’s injuries may lead to long-term consequences — such as future treatment, ongoing care, therapy or lost future earnings — so they take a cautious approach.

What Happens at the Hearing?

Unlike a traditional trial, this is generally a short administrative court hearing. It may include:

• Review of the settlement terms
• Consideration of medical evidence
• The judge asking questions to be satisfied that the settlement is fair

Does the Child Have to Attend?

Often, the child does not need to be physically present — especially if they are young. Instead, their legal representatives ensure the judge has everything required.

It is also becoming more common for infant approval hearings to take place remotely.

How Long Does It Take?

The timeline varies, but most infant approval hearings for road traffic accident claims are scheduled and resolved relatively quickly once settlement terms are agreed.

After a Successful Hearing — What Happens Next

Once the court approves the settlement:

• A formal order is made confirming the settlement
• The money is placed in a Court-controlled account until the child reaches adulthood (18 years old)

The Role of Solicitors

If you choose to work with Phoenix Solicitors, we will:

• Prepare and submit the claim
• Gather medical evidence
• Communicate with insurers
• Prepare documents for the infant approval hearing
• Explain the settlement and court approval process

A good solicitor makes the process far less stressful — especially when you’re dealing with the aftermath of an accident and focused on your child’s recovery.

Final Thoughts — What Every Parent Should Know

• Children’s claims are protected
• A settlement must be fair and court-approved
• Litigation friends play a crucial role in safeguarding a child’s interests
• The process may take a little longer — but that is to protect your child’s future

It is completely normal to feel overwhelmed. With the right guidance and understanding of the process, you can ensure your child’s rights are fully protected and that any compensation truly reflects their needs.

If you have questions about starting a claim, appointing a litigation friend, or what happens at an infant approval hearing, our team is here to help — just get in touch.

0151 306 3694 Submit your question online