Child Injuries in California Car Accident Claims

When your child is hurt in a California car accident, their claim follows special legal rules an adult’s case does not.

A parent or guardian must file on the child’s behalf, every settlement needs a judge’s approval, and California may give your child more time to file than an adult would have, even while medical bills get paid through several sources before the case resolves.

Why Child Car Crashes Demand a Different Legal Plan

When your child is hurt in a car accident, California law treats the claim very differently than an adult’s case. Minors cannot file a lawsuit on their own, any settlement of their claim requires a judge’s approval, and the filing deadline may work differently depending on who caused the crash.

Insurance companies know parents are overwhelmed and under pressure to put the trauma behind them. They count on you accepting a quick, low offer before you fully understand what your child’s injuries will cost over the coming years. Let our California car accident attorneys walk you through everything you need to know.

What Injuries Do Children Suffer in Car Crashes?

Children are physically more vulnerable than adults in a crash because their bodies are still developing. Their skulls are softer, their heads proportionally larger, and their necks more flexible, all of which increases the risk of serious harm.

Head and Brain Injuries

A traumatic brain injury, or TBI, is damage to the brain caused by a blow or jolt to the head. Watch for confusion, unusual sleep patterns, or new learning difficulties in the days following the crash, even a mild TBI can have lasting effects on a still-developing brain.

Spinal and Neck Injuries

Babies and toddlers have especially flexible necks, making them more vulnerable to severe spinal cord damage in a collision. Motor vehicle accidents are one of the leading causes of these catastrophic injuries in children.

Chest and Organ Injuries

A seat belt designed for an adult can concentrate enormous crash forces on a small child’s chest and abdomen. This can lead to fractured ribs, bruised lungs, or internal organ damage that is not immediately visible.

Fractures and Growth Plates

A child’s bones are still forming, so a fracture near a growth plate, the soft tissue at the end of a growing bone, can permanently alter their development. What might heal cleanly in an adult could require multiple surgeries and years of monitoring for your child.

Emotional Trauma and Therapy Needs

Nightmares, separation anxiety, and a deep fear of riding in cars are all common responses in children after a crash. California law allows you to recover compensation for emotional harm, including the cost of ongoing therapy, as part of your child’s claim: California emotional harm compensation

What You Should Do Right After the Crash

What you do in the first 24 to 48 hours shapes both your child’s recovery and the strength of your claim.

• See a pediatric specialist: A pediatrician or pediatric emergency doctor is trained to find injuries a child cannot describe in words. Do not skip this step even if your child appears fine.

• Photograph the scene and the car seat: Take pictures of both vehicles, any visible injuries, and the car seat still installed exactly as it was after the crash. These images show the true force of the impact.

• Replace the car seat: Internal damage to a car seat is invisible to the naked eye. Most insurers will cover a new child restraint system after any crash, ask your adjuster in writing.

• Do not talk to the other driver’s insurer: They represent the person who hurt your child, not you. Do not give a recorded statement or sign any documents before speaking with an attorney.

Who Files a California Child Car Accident Claim?

A parent or legal guardian files the claim on the child’s behalf because California does not allow anyone under 18 to be an independent party in a lawsuit (California minors lawsuit capacity). The court appoints an adult, usually a parent, as a guardian ad litem, which is a person authorized to make legal decisions for the child throughout the case.

The money recovered legally belongs to your child and must be used for their direct benefit.

Does the Statute of Limitations Extend for Minors in California?

The statute of limitations is the legal deadline to file a lawsuit. For adult claims in California, the California two-year statute of limitations applies. For injured minors, that clock is tolled, meaning paused, until they turn 18, giving your child until their 20th birthday to file in most cases.

There is one critical exception you need to know:

• Private driver at fault: In many cases, the statute of limitations is tolled while the child is a minor, which can extend the time available to file a claim beyond the usual deadline.

• Government vehicle at fault (city bus, school vehicle, public works truck): A government claim six-month deadline means a written claim must be filed within six months of the accident, this deadline is not paused for minors.

• Parent’s own claim: Your personal claim for out-of-pocket medical costs you paid is subject to the standard two-year deadline from the accident date.

Even when you have more time, do not wait. Evidence disappears and witnesses move on.

At Krasney Law Injury Attorneys, one pattern we consistently see in child injury claims across San Bernardino County is a family assuming they have years to sort things out, only to learn the crash involved a school bus or another government vehicle, which triggers the six-month government claim deadline instead of the longer tolling period that applies to a private driver.

We have watched that six-month window close on families who were still waiting on medical records or a final diagnosis. Confirming who owned and operated the vehicle in the first few weeks is one of the first things we do on every case like this.

Can a Child Be Blamed in a California Car Accident?

California uses a rule called comparative negligence, which means fault can be divided between parties, reducing the final recovery. When a child is involved, their actions are measured against what a reasonably careful child of the same age and experience would have done, not an adult standard. Under California law, a child under five cannot be found negligent at all (California child negligence standard).

A tactic we see repeatedly from insurance adjusters in Riverside and San Bernardino County is arguing that an older child darted into the street or should have looked both ways, applying an adult standard to a young child’s actions.

What we see across the comparative negligence disputes we handle for families in the Inland Empire is that this argument falls apart once we bring in the actual legal standard for a child of that age. We do not let an adjuster shift blame onto a child who was never capable of meeting an adult’s standard of care.

Who Pays Your Child’s Medical Bills After a California Car Accident?

The at-fault driver’s insurance is ultimately responsible, but that money does not arrive until the case fully resolves, which can take many months. Estimates for emergency room visit costs range from $5,000 to $30,000 or more. Here is how bills are typically covered in the meantime:

• Your health insurance covers treatment right away, your insurer will seek reimbursement from the settlement later.

• MedPay coverage is an optional add-on on your own auto policy that pays medical bills regardless of fault, up to your policy limit.

• Medical liens allow doctors and hospitals to treat your child now and collect from the settlement later. At Krasney Law Accident Attorneys, we maintain a network of trusted providers who treat clients on a lien, so you never need money upfront.

• The at-fault driver’s liability policy is the primary source of compensation, but only pays once your claim is resolved.

A tactic we see repeatedly from adjusters across the Inland Empire is delaying confirmation of the at-fault driver’s policy limits while medical liens quietly pile up, hoping a family gets anxious enough to settle before treatment is even finished.

What we see across the claims we handle in Rancho Cucamonga and San Bernardino is that families who ask about their own MedPay coverage early usually get their child’s bills paid faster, without waiting on the other side’s insurer at all. We push for that information from day one on every case.

What Compensation Can Your Child Recover in California?

Your child’s injuries can affect their entire life ahead, and the compensation available reflects that. Accepting a quick, early settlement closes the door on costs that may not appear for years.

Your child may be entitled to compensation for:

• Past, current, and future medical care

• Pain and suffering

• Emotional distress and therapy costs

• Permanent disability, scarring, or disfigurement

• Loss of enjoyment of life

• Future lost earning capacity if their injuries affect their ability to work as an adult

As a parent, you can file your own separate claim to recover out-of-pocket medical costs you personally paid. California law does not, however, allow parents to recover for the loss of a child’s companionship (California loss of companionship rule).

Will a Judge Approve Your Child’s Settlement?

Any settlement of your child’s injury claim, regardless of the dollar amount, must be approved by a judge in a process called a Minor’s Compromise hearing. The judge’s job is to confirm the settlement is fair and that the funds will be properly protected for your child. You cannot use this money for general household expenses.

What if the At-Fault Driver Is Uninsured?

If the driver who hurt your child has no insurance, or not enough to cover the full damages, your own uninsured/underinsured motorist (UM/UIM) coverage can step in. UM/UIM is protection you carry on your own auto policy specifically for situations like this.

We have recovered full compensation for clients even when the at-fault driver was uninsured. Your child should not be left without justice because someone else broke the law.

Who Can Be Held Liable in Your Child’s Claim?

Liability usually begins with the negligent driver, but a thorough investigation often reveals other responsible parties. Depending on the facts, your claim could also involve the driver’s employer if they were on the job, the vehicle owner, a car seat manufacturer if a product defect worsened the injuries, or a government agency if a hazardous road condition contributed to the crash.

What Can You Do to Strengthen Your Child’s Claim?

Keep every medical record, bill, and receipt in one folder from day one. Write a simple daily journal about how the accident is affecting your child’s sleep, school performance, mood, and the activities they can no longer enjoy, this kind of evidence matters when it comes time to prove your case.

Most importantly, contact an experienced personal injury attorney as soon as possible. Hiring a lawyer does not make you sue happy. It is the responsible step every parent should take when someone else’s negligence has hurt their child.

Injured Child in a California Car Accident? Call Krasney Law Accident Attorneys Today

At Krasney Law Accident Attorneys, every member of our team handles personal injury cases and nothing else. We have been at this for over 35 years, and we treat every family’s case as if it is the only case on our desk.

Your consultation is free, often available same- or next-day. You never pay a fee unless we recover money for you, and we advance all case costs, police reports, medical records, expert witnesses, and depositions, so you pay nothing out of pocket. Contact our law firm today. Your child deserves an attorney who will go all the way to trial if that is what it takes.

Frequently Asked Questions About Child Injuries in California Car Accident Claims

Can My Child Use UM/UIM Coverage if They Were a Passenger in Someone Else’s Car?

Yes, the UM/UIM coverage on the vehicle your child was riding in typically applies first, and your own family’s auto policy may provide additional coverage on top of that depending on your policy language.

Will Insurance Pay to Replace My Child’s Car Seat After a Crash?

Most insurers will cover the replacement of a child restraint system after any crash because internal structural damage is not always visible. Make this request in writing to your adjuster.

Can a Grandparent Serve as Guardian Ad Litem if Parents Disagree?

Yes, a court can appoint any competent adult over 18 as guardian ad litem when it serves the child’s best interests, though a parent is typically the first choice.

Do We Have Only Six Months to File if a School Bus Was Involved?

Yes, when a government-owned vehicle causes the crash, you must file a written claim with the appropriate government entity within six months. This deadline is not extended for minors, so act immediately.

Will a Settlement Cause My Permanently Disabled Child to Lose Medi-Cal Benefits?

A lump-sum settlement can disqualify a permanently disabled child from needs-based programs like Medi-Cal. A special needs trust holds the funds so your child keeps both the settlement and their government benefits.

Can I Recover My Own Lost Wages for Taking My Child to Medical Appointments?

Parents generally cannot recover their own lost wages through a child’s injury claim, but you can recover out-of-pocket medical expenses and other direct costs you personally paid for your child’s care.

Are California Child Car Accident Settlements Subject to Income Tax?

Compensation for physical injuries and related emotional distress is generally not taxable under federal or California law, see injury compensation not taxable.