Do You Have To Replace A Car Seat After An Accident In California?
Even a minor car accident can leave lasting damage — not just to your vehicle, but to the safety devices that protect your loved ones. One of the most overlooked questions parents face after a crash is: Do you have to replace a car seat after an accident in California?
The answer can depend on several factors, but one thing is certain — your child’s safety always comes first. Many parents assume that if the seat looks fine, it’s safe to reuse, but that can be a dangerous mistake. Even without visible damage, the seat’s internal structure may be compromised, putting your child at risk in the next collision.
This blog covers everything California drivers need to know about safety devices, such as car seats, in the event of an accident, from legal requirements to practical tips.
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Why Car Seat Safety Matters After a Crash
When a car accident happens, your vehicle isn’t the only thing that takes the impact — your child’s car seat absorbs a significant amount of crash force to protect them. That safety feature works by distributing energy away from your child’s body and reducing the risk of serious injuries.
But once a car seat has been through even a minor collision, its internal materials — foam, plastic, and safety harnesses – can be weakened or stressed in ways you can’t see. That means in another crash, the seat might not provide the same level of protection.
Crash Risks & the Life-Saving Role of Restraints
- According to the Centers for Disease Control and Prevention (CDC), always buckling children in age-and size-appropriate restraints (car seats, booster seats, seat belts) can reduce serious injuries and death by up to 80%.
- The correct use of child restraints reduces fatality risk by approximately 71% for infants under 1 year old and 54% for children ages 1-4 in passenger cars.
- For children ages 4-8, booster seats reduce the risk of injury by about 45% compared to seat belts alone.
These numbers make it clear: a properly used child car seat or booster is not just a good idea — it’s a life-saving measure.
California Laws and Recommendations for Car Seats After a Crash
When it comes to car seat safety in California, the law and safety agencies provide clear guidance, especially after a crash. While California law doesn’t explicitly say you must replace a car seat after every accident, the state’s insurance regulations ensure protection for children.
Under California Insurance Code 11580.011, every automobile liability policy must cover the replacement of a child passenger restraint system that was in use during an accident or was damaged in the vehicle. This means that if your child was in a car seat during a crash, or the seat sustained a covered loss, your insurer is obligated to either replace the seat or reimburse you for a new one.
The law also aligns with California Vehicle Code requirements, which specify that children under two must ride facing and that age- and size-appropriate restraints are mandatory until at least eight years old or 4 ft 9” tall.
Do you have to replace a car seat after an accident in California?
The California Highway Patrol (CHP) and the Office of Traffic Safety (OTS) emphasize that car seats should be replaced following moderate or severe crashes. Even if a collision appears minor, crash forces can compromise the internal structure of a car seat, affecting its ability to protect a child in future collisions.
The CHP notes that factors such as visible damage to the seat, airbag deployment, or damage to the vehicle door nearest the car seat can all make replacement necessary. The OTS supports these recommendations as part of the statewide traffic safety programs, encouraging parents to follow manufacturer instructions and state law closely.
In practical terms, this means that after any accident, parents should inspect the car seat, document the crash, and check the manufacturer’s guidance. Even if the seat looks intact, unseen damage may render it unsafe. If replacement is necessary, California law and insurance policies generally allow for reimbursement, provided you submit receipts and documentation.
For the old seat, safety advocates recommend marking it as “CRASHED– NOT SAFE FOR USE” and cutting the harness straps so it cannot be reused.
Tips for Parents After a Car Accident
A car accident can be a terrifying experience, especially when children are involved. As a parent, your first instinct is to check that everyone is safe — and that instinct is exactly what matters most. Once the immediate danger has passed, there are key steps you can take to protect your child, preserve safety, and ensure you’re prepared for insurance or legal matters:
- Prioritize your child’s safety first. Check for injuries immediately, even if none are visible. Children may not always express pain, so seek medical attention if you notice any signs of discomfort or unusual behavior.
- Document everything. Take photos of the accident scene, the vehicles, and especially the car seat. Note its condition, installation, and whether your child was in during the crash. This documentation is key evidence for insurance claims or replacement requests.
- DO NOT REUSE a seat involved in a moderate or severe crash. To answer: Do you have to replace a car seat after an accident in California? It’s important to note that car seats are designed to protect your child, and even after an accident, their design may appear undamaged externally. Don’t risk your kid’s life. Remember that internal components could be compromised, so when in doubt, replace the car seat to ensure your child’s safety.
- File your insurance claim promptly. Contact a personal injury lawyer in California who can help you understand your legal options and next steps. Request your attorney to ask especially about car seat replacement coverage.
- Keep all receipts and records. Save crash documentation, correspondence with your insurer, and proof of purchase for the new car seat.
- Take care of yourself too. Accidents are stressful. Staying calm, organized, and focused will help you make the best decisions for your family. Remember that your lawyer can be there for you in these difficult times.
- Follow the manufacturer and state guidance. Check the car seat manufacturer’s instructions and adhere to CHP/OTS recommendations for installation and post-crash replacement.
Protect What Matters Most — Call RTM Law for the Support Your Family Deserves
After a car crash, every second counts — but the decision you make afterward can have long-lasting consequences. Ensuring your child’s safety goes beyond the immediate aftermath of a crash: it means inspecting the car seat, following safety agencies’ guidelines, and replacing it when necessary. Even if the seat looks fine, internal damage can compromise its protective function, putting your child at serious risk.
Asking “do you have to replace a car seat after an accident in California? Isn’t just a legal or insurance question — it’s a life-saving decision. If you’ve been in a crash and are unsure about your seat’s condition or how to navigate insurance claims, contact a California car accident lawyer at RTM Law, APC. We can guide you through the process, help secure your rightful coverage, and give you peace of mind that your child’s safety comes first. Call us now!
Do you need compassionate support and effective representation?
No fees until we win. Available 24/7.
