Contact Us (866) 499-8989
Car seat replacement isn’t automatically mandatory after a minor fender bender. But every parent should know the general criteria for when to replace a car seat after an accident based on the circumstances of their crash.
Zanes Law has been helping Arizona families recover from car accidents involving child injury claims since 2003. In this guide, we outline the Arizona child car seat laws and National Highway Traffic Safety Administration (NHTSA) criteria that dictate when you need to replace a car seat after an accident.
NHTSA says a car seat doesn’t automatically need to be replaced after an accident if it meets all five conditions for a minor crash. Do not decide based only on how fast the vehicles were traveling or how little damage you can see. Airbag deployment, injuries, damage to the door closest to the seat, and the vehicle’s condition all affect whether the accident qualifies as “minor”.
According to NHTSA, an accident qualifies as minor only when all five of these conditions are met:
If even one of these conditions does not apply, the crash does not meet NHTSA’s definition of a minor crash. NHTSA recommends replacing a seat following a moderate or severe crash and advises parents to always follow the car seat manufacturer’s instructions.
For a free legal consultation, call (866) 499-8989
A car seat that looks normal after an accident should not automatically be considered safe to reuse. Visible damage is only one part of NHTSA’s five-part minor-crash test. The vehicle’s condition, the nearest door, the airbags, and the vehicle’s occupants also matter.
If you are unsure whether the crash meets every criterion, do not make the decision based on appearance alone. Review the accident circumstances and the car seat manufacturer’s instructions. If you no longer have the manual, check the manufacturer’s website using the seat’s brand and model information.
When the manufacturer’s post-crash instructions are stricter than NHTSA’s minor-crash guidance, follow the manufacturer’s directions.
Once everyone is safe and you’ve addressed any immediate medical needs, turn your attention to the car seat. Along with the usual steps after a car accident, parents should document the seat and determine whether it needs to be replaced.
Review all five conditions listed above. Do not assume an accident was minor just because it happened at a low speed or caused little visible vehicle damage.
Find the post-crash guidance in the owner’s manual or on the manufacturer’s website. Follow the manufacturer’s instructions if they recommend replacement in your circumstances.
Before disposing of the seat, photograph it from several angles, including any visible damage. Record the brand, model, and serial number if available, and keep your receipt or other proof of purchase. Take photos of any relevant vehicle damage, and save the accident report and insurance correspondence.
If you need help installing a new seat properly, NHTSA can help you find a certified Child Passenger Safety Technician. Car seat inspections are free in most cases.
If the seat needs to be replaced, ask whether you can submit the replacement cost as part of the accident-related property damage. Provide your documentation and ask whether the insurer needs to inspect the old seat before you dispose of it.
Click to contact our personal injury lawyers today
Arizona law requires motor vehicle liability policies to cover damage to another person’s property, subject to the policy and applicable limits. If another driver caused the crash, the cost of a car seat that needs replacement may be included among the property-damage losses you submit to the responsible driver’s insurer.
However, the law does not specifically guarantee reimbursement for every car seat replacement. Liability, coverage, documentation, and the circumstances of the crash can affect how the insurer handles the claim.
Keep records showing the car seat’s brand, model, and replacement cost. Photos of the seat and vehicle damage can also help establish why replacement was necessary. Before throwing away a crash-involved seat, ask the insurer whether it needs additional photographs or wants to inspect the seat.
Your insurer may question whether a replacement was necessary or dispute other accident-related property damage. If that happens, keep the insurer’s response and the documentation supporting your request. Any time a crash involves injuries or other significant losses, you have the option to hire a car accident lawyer to review the circumstances, communicate with insurers, and help you recover damages.
Complete a Free Case Evaluation form now
Parents have a lot to manage after a collision. It’s understandable to overlook the car seat while dealing with injuries, vehicle repairs, and insurance calls. Avoid these common mistakes:
Remember: if you’re not sure when to replace a car seat after an accident, rely on NHTSA guidance and your car seat manufacturer’s instructions rather than appearance or assumptions.
Family safety comes first after a crash. Determine whether the car seat needs replacement, document your accident-related losses, and keep records of your communications with the insurance company.
If you were injured in an accident and are having trouble getting fair compensation for your losses, Zanes Law can help you understand your options. Our team represents injured people and families throughout Arizona and offers free, no-obligation case evaluations.
Contact us today to schedule a free consultation and discuss your case.
Not automatically. NHTSA says you don’t automatically need to replace a car seat after a minor crash if all five minor-crash conditions are met. If the crash does not meet all five conditions, follow NHTSA’s replacement guidance and the car seat manufacturer’s instructions.
It may. If another driver caused the accident and the car seat needs replacement, you can submit the replacement cost as part of your property-damage claim. Whether and how much an insurer pays can depend on fault, applicable coverage, documentation, and the circumstances of the accident.
A lack of visible damage alone does not mean the seat meets NHTSA’s minor-crash criteria. The vehicle must also have been drivable, the door nearest the seat must be undamaged, no occupants can have been injured, and the airbags cannot have deployed. You should also check the manufacturer’s instructions before continuing to use the seat.
Call or text (866) 499-8989 or complete a
Free Case Evaluation form
Why Bruce Jenner’s Accident is a Lesson for ALL Drivers Out There
Every media outlet has a scope on the recent and fatal Bruce Jenner car crash. Many accounts have recalled the incident in varying detail but none look promising for any party involved including the
A very major and scary crash recently closed down a major Central and Indian School Road intersection. Although the crash has long been cleared since Saturday, the collision between a
Many fans of the famous (now ended) sitcom, 30 Rock, anxiously followed the news after beloved actor and comedian Tracy Morgan was involved in a trucking accident. A Walmart tractor-trailer
An accident victim who was injured in a car accident in Tucson, Arizona describes her experience in this guest post. You hear about them all the time. You have even witnessed some right in
Receive a Free, No-Obligation, Case Evaluation Now