Does My Child’s Car Seat Need to be Replaced after an Accident?

Many people do not think about the fact that they may need to replace their car seat after an accident, especially if the child is not in the car seat at the time. The fact is, whether the child is in buckled in the car seat or not, the forces of the crash can sometimes cause unseen damage. It is almost impossible to tell if there is internal weakening of the plastic. Hidden damages may keep the car seat from properly protecting your child in future accidents.

So, does that mean always replace a car seat after an automobile accident? Unfortunately, there’s no clear cut answer to that question.

According to the National Highway Traffic Safety Administration (NHTSA), studies show that child safety seats can withstand a minor crash unharmed. Car seats do not automatically need to be replaced following a minor crash. A minor crash is one in which ALL of the following apply:

• The vehicle was able to be driven away from the crash site.
• The vehicle door nearest the car seat was not damaged.
• None of the passengers in the vehicle sustained any injuries in the crash.
• If the vehicle has air bags, the air bags did not deploy during the crash; and
• There is no visible damage to the car seat.

 
NHTSA recommends that car seats be replaced following a moderate or severe accident in order to ensure a continued high level of crash protection for child passengers. If you answer yes to any of the following questions, you should replace your car seat. 

• Was the vehicle towed from the scene of the accident? 
• Was the impact of the accident at the door nearest the car seat?
• Was anyone in the vehicle transported to the hospital? 
• Was any of the vehicle air bags deployed? 
• Is there any visible damage to the car seat?

Despite the latest NHTSA suggestions, some car seat manufacturers still state in the user manual that their car seats should be replaced after any crash, no matter how minor. It is important to note that the manufacturer’s instructions take precedence, so look at the manual before deciding to use a car seat after an accident.

If you are unsure whether your car seat needs to be replaced, take your car seat to an authorized inspection station for free advice. (Find one near you at nhtsa.gov.) If you do need to replace a car seat, contact your auto insurance company on the replacement process.  The responsible party’s auto insurance company should cover the replacement cost. If you live in a no-fault insurance state, then you would pursue replacement through your own car insurance company.

Lawsuit Financial Corporation is headquartered in Farmington Hills, Michigan, just north of Detroit. Our CEO, Mark Bello, has thirty-seven years experience as a trial lawyer and over fifteen years as an underwriter and situational analyst in the lawsuit funding industry.