If you’ve been in a car accident that involved a car seat then you likely have questions. One of the first things parents wonder is if their car seat needs to be replaced after the accident. The National Highway Traffic Safety Association recommends that a car seat be replaced if the accident was moderate or severe. They also recommend that it be replaced after a minor accident unless all the following are true:
- Airbags didn’t deploy;
- The vehicle was able to be driven away from the accident;
- No one in the vehicle was injured;
- The door closest to the car seat wasn’t damaged at all.
- There’s no visible damage to the car seat.
If all the above are true then it doesn’t necessarily have to be replaced.
Does my car insurance cover car seat replacement?
If the car seat that was damaged met the requirements of your car manufacturer and the requirements set out by the NHTSA, then your insurance should cover the cost of replacement. According to California law, they’re required to replace any occupied seat – and that includes a car seat. Most insurance companies know this but if they don’t, just have your personal injury attorney inform them of the law.
Who do I get rid of my car seat?
If you don’t feel safe using the car seat for your own child, then don’t sell it to someone else. Likewise, make sure that no one else does. If you simply leave it at the curb, someone may stop and grab it up to sell in a yard sale, on Craigslist, or even on eBay. To prevent someone using it unsafely, we recommend you get rid of the cover, cut the harness, and write “NOT SAFE TO USE” in black marker on the shell of the seat.
If you’re very concerned that someone else will use it, you can discard it piece by piece in different trash pickups. Check your local recycling laws to see if the plastic shell and / or other plastic parts can be recycled. However, make sure you don’t do this before talking to your insurance company. In some cases, they will require you to turn it in to them.
What do I do if my child was injured in the car seat?
If your child was safely secured in their car seat and was injured in a car accident then you should reach out to Law Offices of Fernando D. Vargas at 909-982-0707. No car seat protects children 100% but they should provide a level of protection. The manufacturer of your car seat may be negligent, the manufacturer of your car may be negligent, or the other person you were involved in an accident with may be negligent.
You won’t know who’s at fault until you get legal advice. At Law Offices of Fernando D. Vargas we are on your side. We will start by giving you a free legal consultation. If you decide to pursue your case, and we decide to take it, then you won’t owe us a penny until you recover damages. Call us today at 909-982-0707 to get the process started.
