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:

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

  1. 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.
  2. 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.
  3. 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.
  4. Ask whether they'll replace it or reimburse you, and get the answer in writing.
  5. 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

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).

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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.

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