Another "Does insurance have to replace this?" question

popsicle

New member
My SIL was in an accident over the weekend. She was going through a green light and someone came out of nowhere, ran the red light and SIL t-boned her. SIL's car is most likely totalled. My nieces car seat was installed in the back seat but DN was not in it. It's an Evenflo Triumph (old style). So does the other ladys insurance have to replace the car seat? I'm thinking yes but want to make sure before I tell SIL. I really hope so because DN had outgrown the seat and now SIL will have to get her a new one right?
 
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Dillipop

Well-known member
Yes- Evenflo says to replace in any accident. Besides that, it sounds like the accident was severe enough to warrant replacement under NHSTA's guidelines too.
 

crunchierthanthou

New member
Yes, they should replace it. She should call right away and request replacement. She should have her owner's manual handy (I believe Evenflo manuals state that the seat must be replaced after any crash) as well as NHTSA's guidelines for crashed seat replacement. If she has any problems, she should insist on a letter stating the denial and accepting liability should the carseat fail in the future.

Further, it's mandatory in some states for the at fault insurance to replace carseats after any crash (I know California for sure).
 

Defrost

Moderator - CPSTI Emeritus
Absolutely!! I had an unoccupied carseat in a wreck once, and when I removed it and examined it in the sunlight, there were hairline cracks along the belt path (they were hard to see in poor light, and the seat belt covered them when the seat was installed). Definitely replace it!
 

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