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New: The compensation for a child who was injured in a traffic accident cannot be reduced just because they were not wearing a seatbelt
When A child was injured in an accident, One of the issues in determining the compensation may be whether it was traveling with a properly placed seat belt or in a suitable child seat. So far, there have been various court decisions on this matter, including cases where the compensation for the injured child was reduced due to the lack of proper safety equipment.
With a new interpretative decision of September 29, 2026, the Supreme Cassation Court (VKS) provides a clear answer: When the victim is a minor child, the fact that he/she traveled without a seat belt or without a properly used safety system does not in itself mean that the child contributed to the harm caused to him/her. This applies even when it can be proven that with a properly placed seatbelt or child seat, the injuries would be milder or would not occur at all.
What does this mean in practice?
Imagine the following situation: a child travels in a car without a seatbelt fastened. A serious accident occurs. Road accident And he or she also suffers serious injuries. Expert analysis establishes that if the child had been properly secured, some of these injuries would probably not have occurred.
It was precisely here that a dispute could have arisen as to whether the compensation should be reduced due to the so-called „causation“ – that is, because the behavior of the injured party itself contributed to the amount of damages.
The new decision of the Supreme Court accepts that This cannot be attributed to a minor child.. The law places the obligation to safely transport the child on the driver, not on the child itself. The Supreme Court emphasized that there are heightened requirements for the driver precisely because they are transporting a minor passenger.
Can the compensation be reduced if the child was not wearing a seat belt?
Not just on that basis.
This is the most important practical conclusion of the new decision.
If a minor child is injured in a traffic accident, their compensation should not be reduced on the grounds that they were traveling without a seat belt, in an inappropriate child seat, or without the correct use of a safety system.
This applies even if the expert report shows that proper safety measures would limit the injuries.
For example, if in an accident the child suffers fractures, head trauma or other serious injuries and it is established that some of them could have been avoided with the use of a seat belt, that in itself does not mean that the child should receive a lower compensation.
And what if the parent did not put the child's seat belt on?
There is also an important clarification here.
The CPS accepts that when another parent or adult who is traveling in the car did not exercise the necessary supervision and the child remained unprotected, This should not lead to a reduction in the child's own compensation.
In other words, the child should not have to bear the financial consequences of the fact that the adult who was supposed to take care of his safety did not do so.
Is there an exception?
Yes. The VKS points out an important situation.
If the child was initially properly secured, but then it only unzipped the belt or otherwise violated its safety restraint, If it is proven that this is what led to the injuries or to their more severe consequences, then the child's contribution can be discussed.
For example:
The child was properly placed in the seat and his seatbelt was fastened. During the journey, he only unfastened it. Shortly thereafter, the car crashed, and the medical examination revealed that the lack of safety restraints was precisely what caused some of the severe injuries.
This is a different situation from the one where the child was not properly secured from the beginning.
Which children are covered by the new decision?
The decision is for minor children, That is, children who have not reached the age of 14.
This clarification is important because the rules should not be automatically applied to all minors between the ages of 14 and 18. Each specific case should be assessed according to the circumstances.
What does the decision mean if your child was injured in a traffic accident?
If a child under 14 is injured in an accident and the insurer or another party claims that the compensation should be reduced because the child was not wearing a seat belt or was not properly secured, This argument can no longer in itself justify a reduction in the child's compensation..
This can be relevant both in negotiations with the insurer and in a legal dispute.
In a traffic accident involving a child, it is important to preserve all documents related to the incident and its consequences – the accident report, medical records, epidemiological reports, examinations, invoices and cash receipts for treatment and rehabilitation, as well as other evidence of recovery and the impact of the incident on the child’s daily life.
Has your child been injured in an accident?
If your child was injured in a traffic accident and you are not sure what compensation you may receive, to whom to file the claim, or whether the amount proposed by the insurer is fair, You can contact the Delikti.bg team.
We will examine the specific circumstances of the case, the available documents, and the injuries suffered, and explain to you what the options are for seeking compensation.
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To help us assess the case faster, prepare the key facts before submitting:
- When and where the incident happened.
- What exactly happened and who was involved.
- What injuries, treatment or material damages followed.
- Whether you have documents such as reports, medical papers, photos or insurance information.
Have you been involved in an accident and entitled to compensation?
