Sometimes, but only after a minor crash. The National Highway Traffic Safety Administration (NHTSA) recommends replacing a child’s car seat after any moderate or severe car accident. After a minor crash, you can keep using the seat only if specific conditions are met. If your child was hurt, or you think the seat failed, there are also steps to take before you throw it away.
This guide explains when a car seat must be replaced, who pays for the new one, how to protect a possible injury claim, and what to do if your child may have been injured.
When Do You Need to Replace a Car Seat After a Crash?
According to NHTSA’s guidance on car seat use after a crash, an accident counts as minor only if all five of the following are true:
- The vehicle could be driven away from the crash
- The door nearest the car seat was not damaged
- No one in the vehicle was injured
- The vehicle’s airbags did not deploy
- There is no visible damage to the car seat
If even one condition is not met, replace the seat before your child rides in it again. Do not rely on how the seat looks: a seat that was in a moderate or severe crash should not be reused even if it appears undamaged. Some manufacturers require replacement after any crash, so check your seat’s manual and follow whichever rule is stricter.
Who Pays for a Replacement Car Seat?
A car seat damaged in a crash is generally treated as property damage, so the cost of replacing it is usually part of the claim for your vehicle’s damage. Depending on who caused the crash and what coverage applies, that may mean a claim against:
- The at-fault driver’s property damage liability coverage, or
- Your own collision or other first-party coverage, if you are going through your own insurer
Coverage varies by policy and by state. The following steps can help you get the seat covered:
- Tell the adjuster early. Say that a child’s car seat was in the vehicle and ask that it be included in the claim.
- Document the seat. Photograph it, and record the brand, model name, and serial number from the label.
- Ask for a comparable new seat. A used seat’s depreciated value will not buy a replacement.
- Keep your receipt. Buy the replacement promptly and save proof of purchase.
Do not leave your child without a safe seat while you wait on an insurance company. If the insurer denies the seat, undervalues it, or disputes whether the crash was serious enough, an attorney can help.
Should You Keep the Old Car Seat After a Crash?
Stop using it, but do not throw it away yet. The seat can show how it performed in the crash, and it may matter if your child was injured or if you suspect a defect. If you plan to make or may make an injury claim:
- Store the seat where it cannot be used. Label it “crashed – do not use.”
- Do not clean, repair, alter, or take it apart.
- Keep the labels, manual, and purchase information with it.
- Never sell, donate, or give away a seat that has been in a crash.
Ask your attorney or the insurer before disposing of the seat. Some insurers ask to inspect it first.
Hidden Injuries: Why Your Child Should Be Checked Even If They Seem Fine
Children, especially babies and toddlers, cannot always tell you where they are experiencing pain or discomfort. Some injuries, including soft tissue injuries, may not cause symptoms right away. Have your child examined by a medical professional after any crash, even a minor one. Watch for:
- Crying when picked up, moved, or touched
- Neck, back, or head pain, or a reluctance to use an arm or leg
- Unusual sleepiness, irritability, or changes in eating or sleeping
- Vomiting, dizziness, or confusion
Call your child’s doctor or go to the emergency room immediately if you notice any of these signs.
What If a Defective Car Seat Contributed to Your Child’s Injuries?
If you suspect a defective children’s car seat contributed to your child’s injuries in a motor vehicle accident, seek medical care, preserve the seat, and document the damage. A defect may include a faulty harness, a broken buckle, or a design problem that keeps the seat from working properly.
Take these steps to protect your child and preserve important evidence:
- Get medical care. Keep medical records of their injuries, treatment, and expenses.
- Preserve the car seat. Do not throw away or modify the seat. Keep its labels, model and serial numbers, and purchase information if available.
- Document the damage. Photograph the seat, broken components, and visible damage. Keep the product manual, purchase receipt, and crash records. If distracted driving may have caused the crash, collect any evidence, such as witness statements, police reports, or photos of the scene.
- Seek legal advice. A personal injury lawyer can review the crash and examine whether a product defect or another party’s negligence may have contributed to your child’s injuries. They can also help you understand whether to pursue an insurance claim, product-liability claim, or another legal option.
Depending on the circumstances, the manufacturer, seller, or another responsible party may be liable for injuries caused by a defective product.
Understanding Car Seat Laws in New England States
Car seat laws vary by state, and the rules can depend on your child’s age, size, and weight. Knowing them helps you choose the right replacement seat after a crash. It also matters if you make an insurance or injury claim, because how the seat was used may come up.
- Rhode Island: Under R.I. Gen. Laws § 31-22-22, a child who is under 8 years old, under 57 inches tall, and under 80 pounds must ride in the rear seat in a federally approved child restraint system.
- Massachusetts: Under M.G.L. c. 90, § 7AA, a child under 8 years old must ride in a child passenger restraint that is properly fastened and secured according to the manufacturer’s instructions, unless the child is more than 57 inches tall. Children who are not required to use a restraint must wear a safety belt until age 13.
- Connecticut: Conn. Gen. Stat. § 14-100a uses age and weight tiers. Children under 2 or under 30 pounds must ride rear-facing in a five-point harness. Children under 5 or under 40 pounds may ride rear- or forward-facing in a harness. Children under 8 or under 60 pounds must use a harness or a booster seat. A child 8 or older who weighs 60 pounds or more may use a child restraint or the seat belt.
- New Hampshire: Under RSA 265:107-a, a child under 7 years old must ride in a child restraint used according to the manufacturer’s instructions, including its height and weight limits, unless the child is 57 inches or taller. Children under 2 must ride in a rear-facing restraint.
Laws change, so confirm the current requirements before relying on a summary. If you are unsure how the car seat was being used at the time of a crash, tell your attorney. Whether that affects a claim is a legal question, so do not guess about it with an insurance adjuster.
How Long Do You Have to File a Claim for a Child’s Injuries?
The deadline to file a personal injury lawsuit is set by state law and usually runs from the date of injury. In Rhode Island, Massachusetts, and New Hampshire, the general deadline is three years. In Connecticut, it is generally two years.
When the injured person is a child, these deadlines work differently. In Rhode Island and Massachusetts, if the injury victim is a minor, the statute of limitations is “tolled,” or paused, until their 18th birthday. After that, they have the standard three years to file a claim. New Hampshire also pauses the clock until age 18, but the window afterward is shorter: two years. Connecticut’s two-year deadline can also be affected when the injured person is a child, so ask an attorney how it applies to your situation.
A parent’s own claim, such as for medical bills, may not be paused and may be subject to the regular deadline. Claims against a government entity often have much shorter notice deadlines. Because these rules are technical, do not assume you have extra time. Speak with an attorney soon after the crash, while evidence and witnesses are still available.
How to Choose and Install the Replacement Seat
A replacement seat only protects your child if it fits and is installed correctly. A crash is also a good time to check whether your child has outgrown their old seat, so don’t assume the same stage is still right. For full guidance, see NHTSA’s car seat guide.
Choosing Your Child’s Replacement Car Seat
The right car seat depends on your child’s age, height, and weight. Children usually move from a rear-facing seat to a forward-facing seat with a harness, then to a booster seat, and finally to a regular seat belt. Keep your child in each type of seat until they reach its height or weight limit, not just a certain age.
- Rear-facing: Best for babies and toddlers. Keep your child rear-facing as long as the seat allows, and never place a rear-facing seat in front of an active passenger airbag.
- Forward-facing with a harness: Use this once your child outgrows the rear-facing limits, with the top tether attached.
- Booster seat: Use a booster until the seat belt fits correctly without one, often at about 4 feet 9 inches tall.
- Regular seat belt: Keep children in the back seat using a belt that fits properly until at least age 13. Seat belt safety applies to every passenger.
Ensuring the Replacement Seat Is Installed Correctly
First, read both the car seat manual and your vehicle’s owner’s manual. Installation steps can vary by car seat brand and model, as well as by vehicle, so follow the instructions for your specific seat and car. Then check the following:
- Choose the right location. Install the car seat in the back seat, away from an active passenger airbag. Follow your vehicle and car seat manuals for the correct position.
- Select the right installation method. Use either the seat belt or the LATCH system, as both manuals allow, and do not use both unless the manufacturers permit it. For forward-facing seats, always attach the top tether.
- Check the recline angle. For rear-facing seats, use the built-in angle indicator, if available, to set the recline according to the manufacturer’s instructions.
- Perform the 1-inch test. Grip the seat at the belt path and move it side to side and front to back. It should not move more than one inch in either direction. If it does, tighten the seat belt or lower-anchor strap.
- Check the harness. Straps should lie flat and fit snugly, so you cannot pinch a fold of webbing at the shoulder. Skip bulky coats under the harness.
For extra peace of mind, a certified Child Passenger Safety Technician can check your installation and show you how to use the seat correctly. You can search Safe Kids Worldwide’s technician directory by location or use the NHTSA’s car seat inspection station locator. Many inspections are free, but availability and fees vary, so call ahead.
Talk to a Car Accident Lawyer After a Crash Involving Your Child
If your child was in a car accident, you may be dealing with medical appointments, insurance calls, and a car seat you now have to replace. Rob Levine Law can help you seek compensation for medical bills, property damage, pain and suffering, and other losses. We can handle your car accident claim or file a personal injury lawsuit on your behalf.
With our Free Fee Guarantee®, you do not pay attorney fees unless we win your case. Contact us for a free consultation to discuss your situation.
Frequently Asked Questions (FAQs)
Do I need to replace a car seat after a minor fender bender?
Not always. You can reuse a car seat after a minor crash only if the vehicle could be driven away, the door nearest the seat was not damaged, no one was injured, the airbags did not deploy, and the seat has no visible damage. If any condition is not met, replace it. Follow your manufacturer’s manual if it is stricter.
Does insurance pay for a new car seat after an accident?
Can I sell or donate my old car seat after replacing it?
No. A seat that has been in a crash should never be used by another child. If you think you may have a claim, hold onto it until the claim is resolved or an attorney tells you it is safe to dispose of it.
