The vast majority of car seat manufacturers and safety experts recommend you replace your child’s car seat after an accident. Even if the car seat appears undamaged, its structural integrity could potentially have been compromised during the motor vehicle accident.

Invisible damage can lessen the car seat’s ability to protect your child in the event of another automobile collision. To ensure optimal safety for your child, it is best to replace the car seat after an accident, excepts in very minor collisions.

Why is a Car Seat Replacement Necessary?

A replacement car seat after an accident is necessary due to the potential compromise of the seat’s protective features. Car seats are designed to absorb impact, protecting your child from the force of a collision.

During a crash, the car seat absorbs this force, and its structure – particularly the plastic shell and foam lining – could become weakened or damaged. Structural elements in car seats which are most most commonly damaged in car accidents include:

• Plastic Shell: The plastic shell of a car seat is one of the most critical parts that absorb and distribute impact force during a crash. In collisions, these shells can develop cracks or stress fractures that aren’t always visible, significantly reducing their effectiveness in future accidents
• Foam Lining: Car seats also have foam lining designed to provide additional impact absorption. This foam can compress during a collision and may not bounce back to its original form, compromising its effectiveness in subsequent crashes.
• Harness and Buckle System: The harness and buckle system can also be damaged in an accident, potentially resulting in your child not being safely restrained in future accidents.
• Attachment Points: The points that attach the car seat to the vehicle can undergo enormous strain in a crash. Any damage to these parts can impair the seat’s secure attachment, causing it to be less effective or fail in future accidents.

The Insurance Institute for Highway Safety (IIHS) conducted crash tests demonstrating that car seats may not perform optimally in subsequent accidents after being involved in a collision. Further, if a car seat fails to protect your child in a subsequent crash, you will likely be unable to make a claim for a defective car seat failure. Hence, it is a good practice to replace the car seat after an accident, even if it is a minor crash, to ensure your child’s safety.

Does the Law Require I Replace a Car Seat After an Accident?

While no federal law mandates car seats be replaced after a crash, some state laws do address this issue. For instance, the state of California’s law (California Vehicle Code Section 27360) stipulates that parents should comply with the manufacturer’s instructions when it comes to replacing a car seat after an accident.

However, in many states, the law is not explicit and leaves it up to the caregiver’s discretion. For example, the Texas Department of Public Safety recommends replacing car seats after moderate to severe crashes, though it is not required by law.

It is always advisable to check with your local enforcement agency or consult the Department of Motor Vehicles (DMV) website for your specific state laws regarding car seat replacement post-accident. Further, you may want to check whether your child no longer needs a car seat or is able to stop 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 in the car seat at the time of the wreck, it’s still recommended to replace the car seat after an accident. The force of the crash could have damaged the seat, compromising its ability to protect your child in future accidents.

The car seat plastic shell an attachment points may have absorbed some of the impact, reducing their effectiveness in the event of another collision. Therefore, irrespective of whether your child was in the seat during the crash or not, replacement is the safer option.

Do I Need to Replace a Car Seat After a Minor Crash?

The National Highway Traffic Safety Administration (NHTSA) specifies five criteria that define a minor crash. If all these conditions are met, you might not need to replace your car seat. Here are the NHTSA’s criteria for a minor crash:

• Vehicle can be driven away from the crash site: If the vehicle was able to be driven away from the crash site without any assistance, it suggests that the impact was not severe enough to damage the car seat.
• Vehicle door nearest the car seat was undamaged: If the vehicle door closest to the car seat was unaffected, it indicates that the force of the crash did not directly impact the car seat.
• No injuries to any of the vehicle occupants: If all passengers in the vehicle at the time of the accident are uninjured, it is less likely that the car seat was compromised.
• No airbags deployed during the crash: The deployment of airbags usually signifies a higher impact crash. If no airbags were deployed, it often means the crash was minor.
• No visible damage to the car seat: If the car seat shows no signs of damage – cracks, dents, or any other visible indication of structural stress – it may not need to be replaced.

If your crash meets all these conditions, NHTSA deems it a minor crash, and your car seat may not need replacement. However, it is important to thoroughly inspect the car seat and consult with the manufacturer or a certified child passenger safety technician to ensure it is still safe to use.

Does a Car Seat Base Have to be Replaced After an Accident?

Yes, just like the car seat itself, the car seat base should also be replaced after an accident. The base absorbs much of the crash force and may be compromised, even if there’s no visible damage. This could negatively affect its performance in future accidents.

Can Someone Inspect My Car Seat After a Crash to Certify it is Safe?

No. While professional inspections can assess visible damage, they cannot guarantee the complete safety of a car seat post-accident. Car seats go through rigorous testing to meet safety standards, and once they have absorbed the force of a crash, their ability to protect your child is less certain.

Therefore, no amount of inspection can conclusively ensure its safety in future accidents. Remember, sometimes damage involves microfractures that are not visible to the naked eye, and the risks of using a potentially compromised car seat far outweigh the costs of replacement. Always prioritize your child’s safety over any potential savings.

Will My Insurance Company Pay for a Replacement Car Seat After a Crash?

The answer depends on the terms of your auto insurance policy and the state in which you reside. For example, California Code, Insurance Code – INS § 11580.011 requires auto insurers cover the cost of a replacement seat after an accident. Similarly, in Texas, many insurers will cover the cost of replacing a car seat after an accident under your collision coverage.

According to the Texas Department of Insurance, if your child’s car seat was in your vehicle at the time of the accident, it is generally covered, even if there’s no visible damage. However, it is essential to confirm this with your insurer as policies can vary.

Always ensure to include the car seat in the claim you file after an accident. Some insurers may require specific information such as the car seat’s brand, model, and age, along with a copy of the crash report.

Remember that ensuring your child’s safety is paramount, so consider replacing the car seat after an accident regardless of your insurance coverage. The NHTSA has a useful tool to help you find the right car seat for 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

After an accident, it’s important to dispose of the damaged car seat properly to ensure it isn’t used inadvertently, putting another child’s safety at risk. Here are some steps on how to do this:

• Cut off the harness straps: Making the seat unusable discourages anyone from taking it and using it. Cutting off the harness straps is a good first step.
• Remove the fabric cover and foam padding: These parts may be recyclable, depending on your local recycling guidelines.
• Mark the plastic shell: Use a permanent marker to write “Unsafe for use after accident” on the plastic shell and base.
• Recycle the car seat: Depending on where you live, various recycling programs may take car seats. In Texas, Recycle Your Car Seat is a reputable program where you can drop off your used car seat.

Remember to check with your local recycling center to see if they accept car seats and how they prefer them to be prepared for recycling. Some locations require that the car seat be disassembled before recycling.

If you or your child have been injured in an accident, call Thompson Law today for a FREE CONSULTATION. We charge NO FEE unless we are able to obtain a settlement behalf of you or your injured child.