Should I replace my child car seat after an accident?
Yes! The overwhelming majority of safety experts and car seat manufacturers highly suggest that drivers replace their child car seat in the event of an accident.
Even if the car seat doesn’t seem to be damaged, the polymer material of most seats will allow invisible damage to the seat’s structural integrity to occur in most accidents, aside from the smallest love-taps.
Why should I replace my car seat?
You should replace a child car seat after an accident because the protective features of the seat might be compromised. The point of car seats is to absorb impact and protect your child from bearing the force of a collision.
A crash will send the force into the car seat, which absorbs it via its structural materials:
Plastic Shell: The plastic shell of a car seat is one of the most important components to absorb the force of a car crash. Still, absorbing force means that invisible cracks or internal stress fractures can form, which will leave it vulnerable to fully breaking and failing to protect your child in any future accidents.
Foam Lining: Child car seats have foam padding to add further impact absorption, as the foam compresses during a collision. With enough force, the foam might not properly fill up to its original shape, so future crashes can thin the foam down and reduce its efficacy.
Harness and Buckle System: The harness and buckle of the car seat may be damaged, which risks your child not being properly secured in future accidents.
Attachment Points: The places where the car seat attaches to the car can suffer severe damage in an accident. Any damage to these points can reduce the strength of the car seat’s attachment, which can result in it loosening or failing in future accidents.
The Insurance Institute for Highway Safety (IIHS) has conducted crash tests that show car seats not working as well, if at all, in subsequent accidents after an initial crash. Also, you’ll likely be unable to claim a defective car seat failure on the part of the manufacturer if your car seat failed due to damage from a previous accident, and therefore you would be unable to file a product liability suit.
It’s always good practice to replace the car seat after an accident, even if it seems like a minor one, to minimize the risk to your child.
Am I legally required to replace my car seat after an accident?
Yes, in California and a few other states.
There is no federal law that mandates a driver to replace their child car seat after a crash. However, California Vehicle Code Section 27360 legally requires drivers to comply with the manufacturer’s standards for using an appropriate child seat suited for their child, which includes the conditions under which a seat must be replaced.
It is always a good idea to check your local enforcement agency (such as the California Department of Public Health) or DMV website for your specific state laws regarding whether you need to replace your car seat after an accident. You may also want to check if your child no longer needs to use a child car seat, or if they have outgrown using a booster seat.
What if my child was not in the car seat at the time of the accident?
Even if your child was not sitting in the car seat when the accident occurred, it is still recommended to replace the car seat after an accident. The impact of the accident could have damaged the seat in ways that are hard-to-see, so continuing to use it would risk the seat being less effective or failing entirely to protect your child in a subsequent crash.
The car seat’s plastic shell and the attachment points would likely absorb some of the accident’s impact, leaving those components vulnerable to breaking and possibly failing to properly hold your child if another collision occurs. Replacement is clearly the safest option, even if your child was not sitting in the seat during the accident.
Do I need to replace a car seat after a minor crash?
The National Highway Traffic Safety Administration (NHTSA) defines a “minor crash” with 5 things, so if your crash has all 5 of these traits, then you may not have to replace your car seat after all.
Vehicle can be driven away from the accident site: If you can drive the car away from the crash site without any assistance, that can indicate that the crash was not severe enough to damage the car seat.
Vehicle door nearest the car seat wasn’t damaged: If the car door closest to the child car seat was not affected by the accident, that can demonstrate that the accident’s impact did not directly hurt the child car seat.
No injuries to any of the vehicle occupants: If all passengers in the car were left unscathed with no injuries, then it’s less likely the child car seat has been structurally compromised.
No airbags deployed during the collision: Airbags being deployed usually is a sign of a stronger accident, so the crash is probably minor if airbags weren’t deployed.
No visible damage to the car seat: If the child car seat doesn’t seem damaged in any way (cracks, dents, or any other visible signs of structural stress), then the car seat might not need to be placed.
If your crash satisfies all these conditions, then the NHTSA defines your accident as a minor crash, so your car seat may not need replacement. Still, you must thoroughly inspect the child car seat and consult with the manufacturer or a certified child passenger safety technician to verify that your car seat is still safe to use.
Does a Car Seat Base Need to be Replaced After An Accident?
Yes! You must replace the base just like you replace the car seat itself if you suffer an accident. The base absorbs a good part of the accident’s force, so it may be more structurally compromised even with no visible signs of damage. Don’t take the risk that the car seat’s base will fail and break under the pressure of a future accident!
Can someone inspect my car seat after a crash to certify that it is safe?
No. Professional inspectors can assess visible signs of structural damage to the car seat, but there is no way to guarantee the total safety of a child car seat after an accident.
Car seats have to pass strict safety tests before being sold, so once the car seat has absorbed the impact of an accident, their ability to protect your child diminishes.
No amount of inspection can conclusively determine if it is safe to use in future accidents. Damage can involve microfractures that cannot be seen by the naked eye, and the risks of using a compromised car seat far outweigh the inconvenience of replacing it for a new car seat. In this case, it is best to never risk your child’s safety for saving a few dollars.
Will my insurance company pay for a replacement car seat after a crash?
Yes! California Insurance Code Section 11580.011 mandates car insurance companies to cover the cost of a replacement car seat after you get hit in an accident.
You should always include the car seat in your accident claim. Some insurers may need details like the car seat’s brand, model, and age, along with a copy of the accident report.
Your child’s safety is the highest priority, so even if your insurance declines to cover it, you may want to consider replacing the car seat as an out-of-pocket expense to ensure your child is safe for the immediate future. Experienced lawyers can help you recoup the replacement cost, among other expenses, should you choose to pursue legal action against an insurance company that is unfairly denying you a reimbursement.
The NHTSA provides this useful tool to help you find a suitable child car seat based on your child’s age, height, and weight until your child is old enough to sit in the front seat.
How to Dispose of a Car Seat After An Accident
In the aftermath of a crash, you must dispose of the car seat properly so no other child uses it and risks being harmed in an accident in the future. Here’s how:
Cut off the harness straps: Cutting the harness straps is a good first step to discouraging anyone from using the seat in the future, since it would be unusable without the straps.
Remove the fabric cover and foam padding: These parts may be recyclable, depending on your local recycling guidelines.
Mark the plastic shell: Write “Unsafe for Use after Accident” on the shell and the base with a permanent marker or other permanent label.
Recycle the car seat: Depending on where you live, there may be several recycling programs which accept car seats being dropped off. Currently, for the state of California, only Los Angeles County and Yolo County residents can drop off their car seats to be recycled, as stated by recycleyourcarseat.org. You may also opt to mail-in recycle your car seat through carseatrecycling.com.
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