Car accidents are simply a fact of life, especially in crowded states that have hundreds of thousands of drivers on the road each day. Insurance policies provide ample protection and reimbursement in some cases, but many policyholders do not know some of the laws and nuances that come with the agreements. Car seats for children are one of these lesser-known nuances. For parents, the ultimate goal is to protect children, and many buy car seats to ensure that the kids are totally safe on rides. In the event of an accident, the insurance company can reimburse the costs of the seat or replace it altogether. Our law firm, the Downtown LA Law Group, will help you sue the insurance company for reimbursement or take legal action against the opposing driver in the event of a crash.

Causes of Car Accidents

Car accidents can happen for any reason. Many people who are driving their kids around are often caught in the path of a reckless driver. They may be hit head-on when someone mistakenly crosses the middle line or enters a turn lane prematurely, or they may be involved in a rear end accident when someone does not stop while coming up to traffic on the freeway. There is also the chance that a T-bone accident will happen when someone speeds through an intersection. Reckless drivers may behave in the following manner:

• Run red lights
• Run stop signs
• Tailgate
• Turn without signaling
• Fall asleep at the wheel
• Drive drunk
• Ignore right of way laws
• Fail to yield or merge properly
• Drive a car with numerous defects or no maintenance
• Drive in poor weather with no safety regards

– Should I Change My Child’s Car Safety Seat After An Accident?

Do I need to replace my car seat after a crash or accident?

Those who have car seats in their vehicles, whether there is a child in one or not, are often more careful and are not as likely to be the cause of accidents as others would be.

Proving Negligence

In order to prove negligence, you must show that the opposing party owed you a duty of care that he breached, which then resulted in an accident and physical injuries. This is not necessarily easy to prove. If you were not physically hurt but your car was totaled, you will not be able to collect certain damages, such as medical expenses. You will only be able to collect the compensation for your car and for any time you could not go to work to earn wages. These situations may not even require an attorney. If you had a baby car seat in the vehicle, you could sue for reimbursement of the seat.

– Defective Child Safety Seats and Restraint System Injury Attorney

Laws Regarding Car Seats

Car seats are required to protect infants and small children in the event of any car accidents. The child is secured in the seat, which is often a rear-facing seat that is placed in the backseat of a car. It is held in by the seatbelt and other straps for maximum protection. A car crash can easily break the car seat, even if the car seat does not appear to be too damaged. Its framework and support poles could be weakened or compromised and may result in injuries to the child if another crash occurs. Many car seat manufacturers recommend replacing the seat after any incident.

WILL YOUR INSURANCE COMPANY REPLACE YOUR BOOSTER SEAT OR CAR SEAT AFTER A CRASH?

Minor accidents may damage a car seat just enough that it requires replacement. A simple fender bender will likely not be severe enough to cause the car seat to become defective, though. You can replace the car seat after any accident that has likely caused damage to it. California Vehicle Code 11580.011 – (a) through (f) concern child car seats and insurance agencies’ duty to reimburse the costs of the seat if it is damaged in an accident. The info is presented below and has been taken from here: – (b) Every policy of automobile liability insurance, as described in Section 16054 of the Vehicle Code, shall provide liability coverage for replacement of a child passenger restraint system that was damaged or was in use by a child during an accident for which liability coverage under the policy is applicable due to the liability of an insured. – (c) Every policy of automobile liability insurance that provides uninsured motorist property damage coverage, as described in paragraph (2) of subdivision (a) of Section 11580.26, shall provide coverage for replacement of a child passenger restraint system that was damaged or was in use by a child during an accident for which uninsured motorist property damage coverage under the policy is applicable due to the liability of an uninsured motorist. – (d) Every policy that provides automobile collision coverage, as described in Section 660, or every policy that provides automobile physical damage coverage, as described in Section 660, shall include a child passenger restraint system within the definition of covered property, if the child passenger restraint system was in use by a child during an accident or, if the child passenger restraint system was in the vehicle and it sustained a loss covered by the policy. – (e) Upon the filing of a claim pursuant to a policy described in subdivision (b), (c), or (d), unless otherwise determined, an insurer shall have an obligation to ask whether a child passenger restraint system was in use by a child during an accident or was in the vehicle at the time of a loss that is covered by the policy, and an obligation to replace the child passenger restraint system or reimburse the claimant for the cost of purchasing a new passenger restraint system in accordance with this section if it was in use by a child during the accident or if it sustained a covered loss while in the vehicle. – (f) An insured, upon acquiring a replacement child passenger restraint system, may surrender the child passenger restraint system that was replaced to the nearest office of the Department of the California Highway Patrol. It is not uncommon for insurance companies to simply disregard any requests to replace the car seats. In the event that the insurance agent denies you coverage for the car seat, you should provide a receipt for any replacement you bought. You can show them the instructions detailing the need to replace the seat after a crash and you can present them with the vehicle and insurance code as stated above. They may state that you do not need to replace the car seat, in which case you should request a written statement by the agent verifying that.

Find out more about how we can help you. Call (855) 339-8879 to speak with a representative now.

Bear in mind that you do not need to replace the car seat with the exact model you had before. You may be able to get an upgraded or larger model, especially if your child has grown.

How to Sue for a Replacement Car Seat

If you wish to sue for a replacement car seat, you should have ample evidence of the crash and the materials showing that you are owed a new item. You should do the following to ensure that you are protected:

• Take pictures of the scene of the accident and the damage done to your vehicle and car seat
• Interview eyewitnesses and bystanders who saw the accident happen
• Keep the owner’s manual handy for the car seat
• Keep your insurance policy to show that you are owed a replacement seat
• Request a copy of the police report if there was an investigation
• Reach out to a skilled lawyer who can handle your case for you if you lack negotiating experience or legal capabilities

It is highly recommended that you call an attorney to handle your case for you. You may not have the time, energy, or knowledge required to deal with the insurance agent while he is trying to prevent you from getting your rightful compensation. You may even be able to collect additional damages for your case, such as medical expenses for your injuries, reimbursement of other damaged property, repayment of lost income from days you could not go to work, and pain and suffering damages for emotional trauma. Furthermore, if your child was in the car and also injured, you can pursue damages on behalf of him or her in the event of injuries.

Learn more about your legal options: call (855) 339-8879 to speak with a representative now.

We Fight for You

The Downtown LA Law Group knows how difficult it can be to wrestle any compensation from an insurance agency, and fortunately our years of experience have made us the best team for the job. We have recovered hundreds of millions of dollars for our clients in all sorts of cases, including car accidents and simple insurance claims. We know the best tactics to win your claim and we will do all we can to provide you with the compensation you deserve. We care for our clients and treat you like family. Call (855) 339-8879 today to set up a free legal consultation with one of our attorneys. We will go over the case with you and tell you what we believe we can win. We will also give you more information about our zero fee guarantee, which says that you won’t have to pay a dime for our services. We will get paid if we win your case and the insurance company will cover our fees; if we lose, we take no money at all. Let our aggressive lawyers fight for your case and get you the replacement car seat you need to protect your child while on the road. Contact the Downtown LA Law Group at once.

References:

1. http://www.iihs.org/iihs/topics/laws/safetybeltuse
2. http://www.cdc.gov/features/passengersafety/
3. http://www.ghsa.org/html/stateinfo/laws/childsafety_laws.html
4. http://www.iii.org/article/how-do-i-file-claim
5. http://www.iii.org/issue-update/compulsory-auto-uninsured-motorists
6. http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1249&ChapterID=22
7. http://www.iii.org/article/choosing-an-insurance-company
8. http://www.iii.org/article/how-to-find-the-right-auto-insurance