Law in CA about replacement of car seats after accident

MaryM · Mar 24, 2008

Ladies,

I was sideswiped by another car Thursday night. I had two car seats....a Marathon and a Parkway in the back seat, but no child was in the seat.

I was not at fault, but filed the claim with my insurance company for ease of getting my car repaired, and so they could chase the other guy's company down.

The claims rep (my insurance company) told me that the California law requiring replacement of seats after an accident applied only if the car seat was occupied at the time of the crash.

I can't find this easily on line. Does anyone know if he is correct, as it seems counterintiuitive to me...the seats took the hit they did, regardless of the fact that my kids were not in them.

Thanks so much for your help.
Mary

crunchierthanthou · Mar 24, 2008

It think it's true that the law does only apply to seats that were occupied.

http://www.car-seat.org/showthread.php?t=30375

However, the at fault insurance should replace them anyway. If they hesitate at all, provide the Britax and NHTSA guidelines for replacing seats and insist on a letter accepting all liability should the seats fail in the future. That usually gets some action.