Car seat replacement after an accident in California: who has to pay
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The short answer
California has a law just for this. Under Insurance Code §11580.011, the auto insurance that pays for the crash has to replace your child's car seat, or pay you the cost of a new one, if the seat was in use by a child during the accident or was damaged. The seat doesn't have to look broken if your child was in it. And the insurer is supposed to ask you about car seats when you file the claim.
Source: California Insurance Code §11580.011
What the law covers
The statute covers any "child passenger restraint system" as described in Vehicle Code §27360 (§11580.011(a)). That's the car seat or booster seat California requires for children under 8, and the rear-facing seat required for children under 2 unless they're at least 40 pounds or 40 inches tall (Vehicle Code §27360). The California Highway Patrol summarizes the car seat rules on its child safety seats page.
There are two ways a seat qualifies:
- It was in use by a child during the accident. No visible damage is needed.
- It was damaged. For example, an empty seat that was in the car and got hurt in the crash.
Which insurance pays
| Situation | Whose coverage | The rule |
|---|---|---|
| The other driver caused the crash | Their liability insurance | §11580.011(b): liability policies must cover replacing a seat "that was damaged or was in use by a child during an accident" caused by their insured |
| An uninsured driver caused it | Your uninsured motorist property damage coverage, if you have it | §11580.011(c) |
| You're claiming on your own collision or physical damage coverage | Your insurer | §11580.011(d): the seat counts as covered property if it was in use by a child, or was in the car and suffered a covered loss |
If the other driver is at fault, you can usually include the seat in your property damage claim against their insurer, along with your car repairs and loss of use.
New seat, not a used-seat value
The insurer must either replace the seat or reimburse you "for the cost of purchasing a new passenger restraint system" (§11580.011(e)). The statute doesn't say anything about depreciation, so if an adjuster offers you a reduced "actual cash value" for a car seat, point to that language.
The insurer has to ask
Section 11580.011(e) says that once a claim is filed, "unless otherwise determined," the insurer "shall have an obligation to ask" whether a car seat was in use by a child or in the vehicle. Adjusters don't always ask. If nobody asked you, bring it up yourself, in writing.
How to get the car seat replaced
- Tell the adjuster in writing that a child was in the seat during the crash (or that the seat was in the car and was damaged). Cite Insurance Code §11580.011.
- Take photos of the seat as it was installed after the crash, and of the label with the model name, model number and manufacture date.
- Find the price of the same or a comparable new seat. A receipt for your old seat helps, but a current listing for the same model shows what a new one costs.
- Ask whether they'll replace it or reimburse you, and get the answer in writing.
- Stop using the old seat once you have the new one. The statute says you may surrender the replaced seat at the nearest CHP office (§11580.011(f)). You can find a CHP office on the CHP site. Don't sell it or give it away.
If you're not sure your new seat is installed right, the CHP says you can contact your local CHP Area Office and ask to speak with a child passenger safety technician (CHP child safety seats).
If the insurer says no
- Ask for the denial in writing, with the reason. California's claim rules generally require an insurer to accept or deny a claim within 40 calendar days after it gets proof of claim, and to put a denial of a third-party claim in writing (10 CCR §2695.7(b)).
- Quote the statute back. Many denials say the seat "wasn't damaged." That doesn't matter if a child was in it.
- Contact the California Department of Insurance if you think the claim is being mishandled. Its consumer line is 1-800-927-4357. CDI, Getting Help
- Small claims court against the at-fault driver is an option, for up to $12,500 if you're an individual. Ask for the money first. California Courts, Small claims · Ask for the money
The general deadline to sue over damage to property is 3 years (CCP §338(c)(1)), but a car seat claim is usually settled long before that, as part of the car claim.
Common questions
Does insurance have to replace a car seat after an accident in California?
Yes, in most cases. California Insurance Code §11580.011 says auto liability policies, uninsured motorist property damage coverage, and collision or physical damage coverage must cover replacing a child passenger restraint system that was in use by a child during the accident or that was damaged (for collision coverage, damaged in a covered loss while in the car).
Does the car seat have to look damaged to be replaced?
Not if a child was in it. The statute covers a seat that 'was damaged or was in use by a child during an accident.' Either one is enough. If the seat was empty, it generally has to have been damaged.
Do I get the depreciated value of my old car seat or the price of a new one?
The statute says the insurer must replace the seat or reimburse 'the cost of purchasing a new passenger restraint system.' It does not mention depreciation.
What if the adjuster never asked about a car seat?
Under §11580.011(e), once a claim is filed the insurer has an obligation to ask whether a car seat was in use by a child or was in the vehicle. If nobody asked, tell the adjuster in writing that a seat was in use or in the car and ask for replacement.
What do I do with the old car seat?
Once you have the replacement, the statute says you may surrender the old seat to the nearest California Highway Patrol office (§11580.011(f)). Don't keep using it or pass it on to someone else.
Which insurance pays if the other driver had no insurance?
If you carry uninsured motorist property damage coverage, §11580.011(c) says it must cover replacing a car seat that was in use by a child or damaged in an accident caused by an uninsured motorist. Collision coverage on your own policy is the other route under §11580.011(d).
Related
- Loss of use: getting paid for the days without your car: another item drivers often forget to claim.
- What diminished value is and when California drivers can claim it
- Total-loss offer too low? What the insurer has to show you: if the car was totaled.
- California diminished-value demand letter template: add the car seat as a line item in your written demand.
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Sources
The sources this guide cites. We check the guide against these sources before publishing and each time we review it.
- California Insurance Code §11580.011, child passenger restraint replacement (California Legislative Information)
- California Vehicle Code §27360, child passenger restraints (California Legislative Information)
- Child safety seats (California Highway Patrol)
- Find a CHP office (California Highway Patrol)
- Cal. Code Regs., tit. 10, §2695.7 (Cornell Legal Information Institute)
- Getting help with an insurance problem (California Department of Insurance)
- Small claims in California (California Courts self-help)
- Ask for the money before you sue (California Courts self-help)
- California Code of Civil Procedure §338 (California Legislative Information)
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