A child cannot bring a claim in their own name, so a parent or guardian acts for them, and a court must approve any settlement. This page explains how that works and how long you have.
A parent or guardian brings the claim on the child's behalf as their "next friend".
The claim is made against the driver who caused the crash: the driver of the car the child was in, another driver, or a driver who hit the child on foot or on a bike. That driver's insurer deals with the claim.
A child's claim goes to the Injuries Resolution Board like an adult's. The difference is that any award or settlement must be approved by a court before it is binding, and the money is usually lodged in court until the child turns 18.
If the court refuses to approve a Board assessment, the Board issues an authorisation and the claim can go to court.
Under the seatbelt and child restraint rules, children under 150 cm in height or 36 kg in weight must use a child restraint suited to their size in a car or goods vehicle other than a taxi.
The driver is responsible for making sure passengers under 17 are properly restrained. Keep the car seat after the crash, because its make, model and fitting can be relevant evidence.
For a child, the two-year time limit starts on their 18th birthday. Most parents bring the claim sooner, while medical records are fresh and witnesses are easy to find.
Children's injuries can take time to settle, so a claim is often valued once the doctors can say how the child is likely to recover.
In the meantime:
Keep every receipt, as these costs are claimed in addition to general damages.
Contact us through our enquiry form, phone, or email. We’ll review your situation, answer your questions, and explain what to expect next. There’s no upfront fee to begin your claim.
Your case will be carefully reviewed by our legal team.
We assess the strength of your claim, advise on the documentation needed, and guide you through key steps such as attending an independent medical examination and preparing the information required for the Injuries Resolution Board (IRB).
Once you decide to move forward, we take care of everything. This includes gathering evidence, contacting the other party or their insurer, submitting your claim to the IRB, managing settlement discussions, and handling any court proceedings if needed.
Paul Kearney founded the practice and leads its personal injury work in Ireland. He is regulated by the Law Society of Ireland. Read Paul's profile.
We prepare your application to the Injuries Resolution Board, including the medical evidence, and advise you on any assessment before you decide whether to accept it.
You can meet us at any of our four offices, or deal with us by phone, email or video, wherever you live in Ireland.
There are no upfront fees. Before you go ahead, we set out in writing how legal costs work, as section 150 of the Legal Services Regulation Act 2015 requires. No Win No Fee explained.
A parent or guardian, acting as the child's "next friend". They give instructions and sign documents for the child, and their own details go on the Injuries Resolution Board application form.
Yes, but not straight away. A court must approve the settlement, and the money is usually lodged in court until the child turns 18.
The court checks that the amount is right for the child before it becomes binding. This applies to an Injuries Resolution Board assessment as well as to a settlement agreed with the insurer.
The two-year limit under the Statute of Limitations (Amendment) Act 1991 starts on the child's 18th birthday. Bringing the claim earlier is usually better, while records and witnesses are easy to find.
Yes, if you caused the crash. Your child's claim is made against your insurer, because third-party insurance covers injuries to the driver's passengers. See passenger injury claims.
Yes. The claim is made against the driver's insurer, or to the MIBI if the driver was uninsured or never traced. See hit and run claims.
Yes, where a doctor has diagnosed it. Some children become anxious about travelling by car or have trouble sleeping after a crash, and a medical report should record this.
Road traffic claims are run by Paul Kearney, who founded the firm and is regulated by the Law Society of Ireland, with trainee solicitor John Deeney. We explain each step to parents in plain terms and deal with the court approval.
No. There are no upfront fees. Before you go ahead, we give you clear written terms explaining how legal costs work, as section 150 of the Legal Services Regulation Act 2015 requires. Read No Win No Fee explained.
Regulated by the Law Society of Ireland
Kearney Law handles only personal injury and clinical negligence claims.
We act for clients across Ireland, including Dublin, Cork, Galway, Limerick, Waterford and Letterkenny. See all the areas we cover.
Contact us to talk to a solicitor about your claim, or request a case review.
Email: [email protected]
Opening Hours:
Monday to Thursday 8am – 8pm
Friday 9am – 5pm
