Can a child claim for an accident
Your child was hurt on the road, and you assume someone that young cannot claim.
Yes, a child can claim after a road accident, whatever role they had in it. Your child may have been walking, cycling, or sitting as a passenger. The at-fault driver’s insurer pays a valid claim for their injuries, in the same way it would for an adult.[1]
There is no minimum age for a claim. Age affects how the claim is handled, not whether one exists.
Does the same right apply across different situations?
A child hit while walking is treated as a pedestrian. Child pedestrian accident covers that specific pattern of injury and evidence.
A child hurt as a passenger, in a family car or a school van, is treated much like any injured passenger. A child hurt while cycling is treated as an injured third party, the same as an adult cyclist would be.
Who manages this while your child is young?
A parent or guardian generally acts as the child’s representative through the process. A young child cannot manage documents, calls or decisions alone.
What happens to any money recovered?
Compensation belonging to a child is generally handled with extra court oversight to protect their interests. It is not paid out like an adult’s settlement. The oversight is a safeguard, not a sign of a smaller outcome.
Does it matter if my child was partly to blame?
A young child is judged with their age in mind, not against an adult standard of care. A court expects less awareness of road danger from a five year old than from a teenager.
Any share of fault reduces the award rather than ending the claim. There is no fixed percentage attached to any single situation.
There is more time than most parents expect
An adult’s own claim generally runs for six years from the accident in Peninsular Malaysia. A child’s claim is different.
The clock generally does not start until they turn 18.[2] This can extend things to around age 24.
What to do now
Keep medical records from the start. Note any witnesses while they are easy to reach.
Child road accident claim and parent of an injured child go deeper into the process.
Court approval and the insurer’s paperwork are the hard steps for a parent. This is where an independent lawyer can take on the claim for your child.
Need a lawyer to handle your injury claim?
For people seeking legal representation. For general information, please use our guides and tools.
Common questions
Does it matter whether my child was walking, cycling or a passenger?
Not for the basic right to claim. In all three situations, a child injured by another road user's careless driving can claim, and the at-fault driver's insurer pays a valid claim regardless of which of these situations applies.[1]
My child cannot really explain what happened. Does that block the claim?
It does not. Witnesses, CCTV, the police report and the injuries themselves can support a claim even where a young child's own account is limited or confused.
If we win, does the money go straight to my child?
Any compensation for a child is generally handled with the court's involvement to protect the child's interests, rather than simply being paid out like an adult's settlement. This is a safeguard, not a reason to expect a smaller or delayed outcome.
Can my child's own mistake, like running into the road, ruin the claim?
No, though it can be weighed as a factor. A young child is judged with their age in mind rather than an adult standard of care, so this generally reduces an award rather than ending the claim.
Sources
- Road Transport Act 1987, s.96 (Ministry of Transport) (accessed 2026-09-22)
- Thomas Philip, on s.24 Limitation Act 1953 (disability) (accessed 2026-09-22)
Need a lawyer to handle your injury claim?
For people seeking legal representation. For general information, please use our guides and tools.