It is hard to describe how much your thought process changes after you have children. When I was a new mom, I found myself constantly evaluating situations to determine the potential risks for my family. I pondered how we could reduce those risks, and then decided what course of action to take. This can be as simple as what car seat to get, or as complicated as whether or not to get on a plane to travel for the holidays.
There are a lot of decisions that go into choosing child car seats and booster seats. But what happens to that car seat if you and your child are involved in a motor vehicle collision?
General guidelines when car seat replacement is required
In most cases, a car seat manufacturer will recommend replacing car seats and boosters after a car crash. This may seem logical in a moderate or severe crash, but it is recommended to replace car seats even after minor vehicle crashes. This is because the seat may have sustained damage that is not visible to the naked eye, which could compromise its ability to protect a child in a future accident.
Sometimes the manufacturer requires that the child safety seats be replaced after a car accident for it to guarantee the product is effective. The car seat is usually voided if the seat has been involved in a crash. However, even if the warranty isn’t explicitly voided, the general recommendation from safety experts and manufacturers is to replace the seat anyway.
Common types of child restraints
Child restraints and child safety seats are essentially the same things. Both terms refer to devices designed specifically to protect children during vehicle travel. These include:
Infant seats: Rear-facing seats designed for babies up to around 1 year old or until they reach the maximum weight and height limits set by the manufacturer.
Convertible seats: These can be used in both rear-facing and forward-facing positions, depending on the child’s age, weight, and height. They are typically used from birth until the child outgrows the seat.
Booster seats: Designed for older children who have outgrown forward-facing seats but are not yet tall enough to properly fit in a vehicle’s seat belt. Booster seats help position the seat belt correctly on the child’s body.
All-in-one seats: These seats can be used in rear-facing, forward-facing, and booster seat modes, accommodating children from birth through the booster stage.
The term “child restraint” may also include other devices like harnesses and vests, which are less common but serve the same purpose of securing a child safely in a vehicle. Regardless of the terminology used, all child safety seats and restraints must meet federal safety standards set by the NHTSA and should be used following the manufacturer’s instructions and guidelines to ensure optimal protection for the child.
How do you determine if the crash was moderate or severe?
The National Highway and Traffic Safety Administration (NHTSA), applies Model Minimum Uniform Crash Criteria (MMUCC) to define the different levels of vehicle crashes. NHTSA often relies on the following factors:
- Property damage: The extent of damage to the vehicles involved can indicate the severity of the crash.
- Injuries: The presence and severity of injuries sustained by the occupants of the vehicles are a key factor in determining the severity of the accident.
- Fatalities: If one or more individuals involved in the crash die as a result of their injuries, the accident is typically classified as severe.
- Circumstances of the crash: Factors such as high speed, rollover, ejection from the vehicle, or involvement of pedestrians or cyclists can escalate the severity classification.
A minor crash is defined as one that meets ALL of the following criteria:
- 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.
- Air bags did not deploy during the crash; and
- There is no visible damage to the child’s car seat.
In general, a moderate crash may involve significant property damage and minor to moderate injuries, while a severe car accident typically involves major property damage, severe injuries, and potentially fatalities.
NHTSA applies these criteria to its recommendations for car seat use after a crash. The NHSTA is also very clear that you should first follow the instructions provided by your car seat manufacturers. This means that even after minor crashes if the car seat manufacturer recommends replacing the car seat, you should do so. This information is usually found on the car seat or in the instruction manual.
Checking for potential safety seat damage after a crash
Always follow the manufacturer’s instructions and guidelines for your specific car seat model. After a crash, carefully inspect the car seat base, all the straps, the seat belt, and other components. Other factors that may affect a car seat’s safety and effectiveness after a crash include:
- Age of the seat: Car seats have expiration dates (usually 6-10 years from the date of manufacture), after which the materials may degrade and the seat may not meet current safety standards.
- Improper installation: If a car seat was not installed correctly at the time of the crash, it may not have provided optimal crash protection and could be more likely to have sustained damage.
- Unknown history: If you acquire a used child safety seat and are unsure of its history, it’s best not to use it, as it may have been in a crash without your knowledge.
- Visible damage: If there are any visible cracks, stress marks, or other signs of damage to the seat’s plastic shell, harness, or other components, the seat should be replaced regardless of the severity of the crash.
When in doubt, err on the side of caution and get a replacement seat to ensure your child’s safety.
Who pays for a replacement car seat?
The good news is that if you have car insurance, you can likely claim the cost of purchasing a new car seat or booster seat as a part of your property damage claim. If you are at fault for the collision, you may have to pay a deductible to replace your car seat.
In submitting the claim to your insurance company, make sure that you provide a receipt of purchase, photos of the damage to the car seat, photos of the damage to the car, and anything in writing that you have from the manufacturer of your original car seat that shows it must be replaced no matter the seriousness of the crash.
How can Allen & Allen help after a vehicle crash?
While, generally, Allen & Allen does not handle property damage claims like this one, we do have the experience and knowledge to assist you if you or your child were injured in a motor vehicle collision.
I understand how stressful and overwhelming it can be after a car accident when your children were in the car with you, whether it was a minor fender bender or a more serious crash. Your top priority right now should be focusing on your recovery and helping your child heal both physically and emotionally.
That’s where the compassionate and experienced personal injury lawyers at Allen & Allen come in. Our dedicated team has a long history of successfully handling car accident cases involving serious injuries to vehicle occupants including adults and children. Let us take the legal burden off your shoulders so you can focus on what matters most – your health and your family’s well-being.
Protect your rights and future. Call Allen & Allen today for a free, no-obligation consultation at 866-388-1307, or fill out our online form to schedule a consultation. We’re ready to fight for you and your child, and help you move forward on the path to recovery.
