California: Insurance question regarding child restraints when involved in an auto accident???

Question

I was recently in an auto accident, the other driver was 100% at fault, I had my child's car-seat in my vehicle at the time of the accident but THANK GOD my daughter was not in the vehicle, does the Insurance company have to replace or reimburse me for the car-seat even though she was not in it???

Answer 1

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Answer 2

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Answer 3

if damaged...yes !

Answer 4

Most child safety seat manufactures recommend the seat be disposed of and replaced even though the child was not in it.

You can present a claim for the seat. Most likely the other persons company will give you something for it. A smart adjuster will want to be protected from possible future liability. If the seat failed in a future accident because of unseen damage from this accident....it could get messy. Not usually worth it. Child seats are not expensive.

However: they do not owe you the cost of a replacement seat. Child seats are depreciated items. That means they only owe you for the use you did not get out of the seat. They will price out a replacement and subtract deprecation and that is what you get paid.

They may require you give the old child seat to them. This is valid. Once they pay you the depreciated value of the child seat -- the seat becomes theirs.

Usually when I settle a claim on a child seat - I like to get the old seat turned in to me in exchange for payment. That way I can dispose of it and make sure it's not used again.