Regardless of whether you are travelling by car or in a private car, the use of a child seat is strongly recommended for children up to the age of 12. But what happens to a child seat after an accident? The seat should be replaced urgently after every road accident. As the victim of an accident, you may be entitled to reimbursement of the costs by the insurance company of the person responsible for the accident.
Should I continue to use or replace a child seat after an accident?
The principle applies that no used child seats that have been involved in accidents should be used. The child seat is a safety item in which even the smallest deformation or crack will reduce the full protective function. It is therefore always advisable to buy a new child seat after an accident.
Am I entitled to reimbursement of the cost of a new child seat after an accident?
The injured party in a road traffic accident not only has the right to reimbursement of the repair costs of the car, but is also entitled to a new child seat.
The fact that the other party's insurance company must also pay for a new child seat was ruled by the Higher Regional Court of Koblenz on 12.12.2011, Ref. 12 U 1059/10 decided. Due to the fact that the useful life of a child seat is absolutely limited by the child's age and weight, the injured party does not gain any significant economic advantage by purchasing a new seat.
At most, there is a small excess for the injured party for the purchase of a new child seat.
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Am I also entitled to a refund for other items in the car?
Not only the child seat, but also other items such as glasses or a smartphone have been broken in the accident? In the article “Glasses or smartphone broken after an accident. What to do?" you will find helpful tips.
As the injured party, you are not only entitled to reimbursement of the repair costs and the replacement costs of a child seat after an accident. The possible claim for compensation after a road traffic accident is extensive and intransparent at the same time.
That's why we've been helping accident victims through the claims jungle since 2017. How do we do it? It's simple: you report your accident to us and fairforce.one checks all your claims arising from your road accident. Users of the fairforce.one portal describe the efficient communication with all institutions involved in claims management, such as insurance companies, surveyors, police, etc., as one of the best advantages.
For you, this means minimum effort with maximum transparency and the peace of mind that everything has been thought of.
What do you need to consider to ensure your refund?
It is important that you document that the child seat was installed in the car during the accident. If the police are called to the scene of the accident, have the child seat recorded in the accident report. As it is not always absolutely necessary to contact the police, it makes sense to take sufficient photos of the child seat. It should be possible to see that the seat was installed in the car and which model it is. General instructions for the correct procedure after a road accident can be found here.
The best way to refund the child seat is as follows
If you or someone you know is affected, we can help you secure a refund. You notify us here Your accident in just a few simple steps. Immediately after receiving your non-binding enquiry, an expert will contact you by telephone to discuss the best course of action for you.
Would you prefer to discuss your accident over the phone? Then simply call us directly. The free service number 0800 - 30 111 60 will give you quick access to competent help.
Frequently asked questions about child car seats broken after an accident
Does a child seat have to be replaced after an accident?
Yes, a child seat should be replaced as a precautionary measure after a road accident. Even if no external damage is visible, fine cracks or deformations can impair the protective effect.
Will the other party's insurance pay for a new child seat?
In the event of an accident through no fault of your own, the opposing party's liability insurance may be obliged to reimburse the costs. This applies in particular if the child seat was installed in the vehicle during the accident and is therefore affected as a safety-relevant object.
Can I continue to use a child seat that has been involved in an accident?
This is strongly discouraged. A child seat is a safety product whose protective function can no longer be reliably assessed after an accident.
Does the child seat have to be visibly damaged for it to be replaced?
Not necessarily. With child seats in particular, safety-relevant damage can remain hidden in the material, such as hairline cracks in the plastic shell or strained belt systems.
How do I prove the damage to the child seat?
Document the child seat with photos immediately after the accident. It is important that it is recognisable that the seat was installed in the vehicle and which model it is; ideally, the seat is also mentioned in the accident report or expert opinion.
Until when do children in Germany need a child seat?
In Germany, children must always be secured in a suitable child seat as long as they are under 12 years old and less than 150 cm tall. If the child is 12 years old or at least 150 cm tall, the statutory child seat obligation does not apply.
