School Bus Accidents – Claiming for Compensation

Tragically, the UK media is blazing with reports of road accidents involving school coaches and buses – the most recent being near Lincolnshire and prior to that, in Aberdeen.

Some of these accidents prove to be fatal, while the impact of most (thankfully) is only limited to injuries to children travelling on board.

Naturally, any children who suffer an injury—minor or serious—while travelling in a school bus is entitled to receive compensation, as long as they are not themselves responsible for the injury suffered.

How to file a bus passenger accident claim involving minors?

The UK law allows a parent to act as a “litigation friend” and file for a compensation on behalf of a child. The court decides on the matter following a hearing known as an infant approval hearing or minor settlement. The compensation money, however, is not immediately disbursed to the affected party. The monies are held in the court’s fund deposit and only when the child reaches the age of 18 years, it is dispensed to the child after which he or she is free to spend it the way they choose to.

Who the claim should be filed against?

This depends on who was at fault for the injury suffered.

• If the school van driver was at fault, the compensation should be sought from the school management.
• If the fault was of any other road user (for example a car driver), the car driver’s insurance company is liable to cover for the medical expenses incurred in the treatment of the injuries.

In cases where a road user is uninsured, parents can file for compensation from Motor Insurers Bureau (MIB).

Proving who is at fault for the accident can be tricky since children are not mature enough to assess the situation on their own and rightly identify the person at fault. This is where seeking services of a personal injury solicitor can help. They have the experience of handling such cases and can guide you in a better way.

How much can the litigation friend claim in compensation?

There is no limit to the compensation award. The court calculates the amount based on the nature of the injury suffered.

In an unfortunate event of a death, there are separate guidelines for making a compensation claim.

Do you have a question regarding filing of bus passenger accident claim involving minors? Feel free to reach out; we would be happy to assist you.