Motor Vehicle Accidents

Should You Replace a Child’s Car Seat After an Accident?

Getting into a car accident, whether or not your child is safely buckled up in their car seat can be a deeply stressful situation. Hopefully, the car seat did its job and helped keep your child safe, but what should you do with it following the accident? Should you replace it, or is it still safe to use moving forward?

Unless you were in a minor accident, the National Highway Traffic Safety Administration (NHTSA) recommends that a car seat needs to be replaced after an accident to ensure your child is adequately protected by it. According to the NHTSA, a crash can be considered “minor” when all of the following applies:

  • The vehicle can be driven away from the crash site
  • The door nearest to the car seat is undamaged
  • No passengers sustained any injuries
  • No airbags deployed during the crash
  • There is no visible damage to the car seat

If any of the above occurred, then you should replace your child’s car seat to ensure that it remains safe for them to use. Depending on your insurance policy and coverage, you may be able to file a claim and have them cover the cost of a replacement. Laws on whether or not car seats are covered by an insurance policy vary from state to state and between carriers, so check with your insurer to see whether or not they will help you replace it following a crash.

If your insurance policy doesn’t cover a replacement car seat, you may still be able to receive a discounted or potentially free car seat through a government program or charitable organization. Medicaid may offer free car seats following the completion of a car seat safety course, and local fire and police departments, as well as charitable and religious organizations occasionally have programs that give away free car seats to people in need.

What Should I Do With My Old Car Seat After an Accident?

If you were in a moderate or severe car accident, it’s important to replace your existing one. Properly disposing of it doesn’t have to be a complicated process, however. Some of the options available include:

  • Take it to a recycling center. Most recycling centers and similar facilities have specific programs in place to recycle and dispose of damaged or expired car seats.
  • Trade it in. Some big box stores have a trade-in program for damages or expired car seats where people can receive gift cards or in-store credit that can be used to purchase a replacement. Check with your local stores to see what options are available in your area.
  • Destroy the car seat before throwing it away. If you can’t find a way to recycle or trade in your car seat and need to throw it in the trash bin, make sure to render it unusable before doing so. Cutting the straps or otherwise dismantling it will help make sure no one will be able to use the damaged seat in the future.

If you or your loved one was seriously injured in a car crash, you may be able to seek compensation to cover any damages or expenses incurred in the accident. At Prochaska, Howell & Prochaska LLC, our Wichita car accident lawyers have spent decades fighting for the rights of injured victims throughout Kansas, Missouri, Oklahoma, Illinois and Colorado. Give us a call to schedule a free case consultation to discuss your legal options today.


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