September brings back-to-school carpools, after-practice pickups and evening activities, and Child Passenger Safety Week falls in September, too. It’s a smart time to double-check your child’s car seat and to know what to do if your child is in a crash. Georgia is an at-fault state, so the at-fault driver’s insurer is generally responsible for your family’s losses, but the strength of your claim often depends on what you document in the first 24 to 48 hours and how you handle the car seat afterward.
The short answer: get your child checked by a doctor, photograph the seat exactly as it was installed before you remove it, keep the seat and its label, and replace it according to NHTSA and the manufacturer’s guidance.
Key Takeaways
- Georgia requires children under 8 to ride in a car seat or booster appropriate for their height and weight, generally in the rear seat (O.C.G.A. § 40-8-76).
- NHTSA recommends replacing a car seat after a moderate or severe crash; a seat may not need replacement after a truly minor crash.
- Photograph the installed seat, harness and label before you remove anything, and keep the old seat until your claim is resolved.
- Get your child evaluated promptly, even if they seem fine, because some injuries appear hours later.
- Several insurance policies may help, including the at-fault driver’s liability coverage, MedPay and your own UM coverage.
Common Car Seat Mistakes Parents Can Fix This September
Many child injuries don’t come from “major” wrecks. They come from everyday mistakes that turn a minor impact into a bigger problem:
- Harness straps that are too loose
- A chest clip riding low on the belly instead of at armpit level
- Turning a child forward-facing too early
- Using an expired seat
- Using both LATCH and the seat belt together when the manufacturer says not to
- Moving a child to a booster before they’re ready
- Bulky coats that create hidden slack in the harness
Check the expiration date and height and weight limits on your seat’s label. If you switched vehicles for school activities, re-install the seat carefully in the new car, because anchor locations and limits vary. NHTSA’s car seat resources can help you find a free seat check.
What Georgia Law Requires
Under O.C.G.A. § 40-8-76, a driver transporting a child under 8 must properly restrain the child in a car seat or booster that fits the child’s height and weight, is approved by the U.S. Department of Transportation and is installed according to the manufacturer’s directions. The child generally must ride in a rear seat, with narrow exceptions. A child taller than 4 feet 9 inches may use a regular seat belt instead.
The same statute says a violation is not negligence per se or contributory negligence per se. In other words, an insurer can’t automatically blame you for your child’s injuries just because of a car seat issue. The driver who caused the crash is still responsible for causing it.
What to Do in the First 24 to 48 Hours
- Get medical care right away. Ask EMS to check your child at the scene when possible and follow up with your pediatrician. Concussion and abdominal injuries can appear hours later.
- Photograph the seat before removing it. Take pictures from the front, side and base, and show the harness position, chest clip height and any damage to the shell, foam or straps.
- Record the details. Photograph the label with the model name, manufacture date and serial number, and save your receipt or a bank statement showing the purchase.
- Photograph the scene. Capture the vehicles, where the seat sat in the car, airbag deployment and any damage near your child’s seating position. Get the police report number and witness contact information.
- Keep the old seat. Bag and label it until your claim is resolved. It can be evidence, and its replacement cost can be part of your property damage claim.
- Be careful with insurers. Give basic facts only until you’ve spoken with a lawyer, and don’t guess about speed, fault or your child’s prognosis.
Our after-the-wreck guide walks through the other steps that protect a claim.
When to Replace a Car Seat After a Crash
NHTSA recommends replacing a car seat after a moderate or severe crash and says never to use a seat that has been in one. According to NHTSA, a seat does not automatically need replacement after a minor crash, which it defines as one where all of these are true:
- The vehicle could be driven away from the crash site.
- The vehicle door nearest the car seat was not damaged.
- No one in the vehicle was injured.
- The air bags, if any, did not deploy.
- There is no visible damage to the car seat.
Some manufacturers recommend replacing a seat after any crash, so check your manual. Never reuse a seat that shows damage, and don’t donate or resell a seat that has been in a crash.
Who Is Responsible When a Child Is Hurt in a Crash?
Liability usually rests with the negligent driver who caused the crash. We also look at whether other factors played a role. A defective shell, buckle or recline mechanism may support a separate product claim against the manufacturer.
Your family’s own coverage can help, too:
- Medical payments coverage (MedPay) can help with immediate medical bills regardless of fault.
- Uninsured/underinsured motorist coverage can fill the gap when the at-fault driver has little or no insurance.
A claim for an injured child can include medical bills and future care, therapy, pain and suffering, and costs such as a replacement car seat. In rare cases involving especially reckless conduct, such as a driver impaired by alcohol or drugs, punitive damages may be available under O.C.G.A. § 51-12-5.1.
How We Help Families After a Crash
We move quickly to secure doorbell and surveillance video, the crash report and 911 audio, and lighting and weather records for the time of the crash. When it matters, we preserve the car seat as evidence. We work with your child’s doctors to document the full impact of the injuries, from ER visits and follow-up care to therapy and school accommodations, and we present the claim to every insurer that may owe coverage.
Frequently Asked Questions
Will the Insurance Company Pay for a New Car Seat?
Often, yes. A car seat damaged or compromised in a crash is part of your property loss, and the at-fault driver’s insurer may reimburse a reasonable replacement cost. Keep your receipt, photos of the old seat and the seat itself until the claim is resolved.
Can the Insurer Blame Me If My Child’s Seat Wasn’t Installed Perfectly?
Georgia’s child restraint law says a violation is not negligence per se or contributory negligence per se. An insurer may still raise questions about the seat, which is why photos of the installation matter. The driver who caused the crash remains responsible for causing it.
How Long Do We Have to File a Claim for a Child’s Injuries?
Georgia generally gives an injured minor extra time to file their own injury claim, but the rules for a parent’s claims and for claims against government agencies can differ. Evidence also fades quickly. Learn more in our guide to Georgia injury deadlines, and talk with a lawyer early.
Should My Child See a Doctor If They Seem Fine?
Yes. Children may not be able to describe their symptoms, and concussions and abdominal injuries can show up hours later. A prompt exam protects your child’s health and creates a record that links any injury to the crash.
If a school-year crash put your child at risk, you don’t have to handle the insurers alone. Talk with a Georgia car accident lawyer at The Gunn Law Group. Your consultation is free and no-obligation, and there’s no fee unless we recover for you. Call 888-BIG-GUNN (888-244-4866).
