Ask a Trooper

Sgt. Jesse Grabow of the Minnesota State Patrol

Question: My vehicle was recently involved with a crash with another vehicle. I had car seat inside but no child was present at the time of the crash. I am wondering if the car seat would still need to be replaced. My auto insurance company didn’t want to replace it. Is there some state statute on this?
Answer: I did some checking with a Child Passenger Safety Technician and was advised there is no specific statute regarding car seat replacement after a crash from a state perspective. However, if the car seat manufacturer recommends replacement after a crash, that guidance should be followed. The insurance company may request documentation from the car seat manufacturer to support the claim. The replacement recommendation is not contingent on whether the child was in the seat at the time of the crash.
Child passenger safety technicians are trained to tell parents that if a car seat or booster seat has been in a crash, replacement is dependent on the severity of the crash, as well as the car seat or booster seat manufacturer’s guidelines for the seats.
Some manufacturers require replacement after a crash of any severity. After a minor crash, replacement recommendations vary by car seat manufacturer. Car seats and booster seats always need to be replaced after a moderate or severe crash. Caregivers should contact the car seat or booster seat manufacturer with any questions about if the seat should be replaced after a crash.
The National Highway Traffic Safety Administration (NHTSA) has established the following criteria for assessing minor crash severity:
https://www.nhtsa.gov/car-seats-and-booster-seats/car-seat-use-after-crash
What defines a minor crash?
A minor crash is one in which ALL of the following apply:
• The vehicle was able to be driven away from the crash site.
• The vehicle door nearest the car seat was not damaged.
• None of the passengers in the vehicle sustained any injuries in the crash.
• If the vehicle has air bags, the air bags did not deploy during the crash; and
• There is no visible damage to the car seat.

NEVER use a car seat that has been involved in a moderate to severe crash. Always follow manufacturer’s instructions.

A portion of state statutes were used with permission from the Office of the Revisor of Statutes. If you have any questions concerning traffic related laws or issues in Minnesota, send your questions to Trp. Jesse Grabow – Minnesota State Patrol at 1000 Highway 10 West, Detroit Lakes, MN 56501-2205. (You can follow him on X @MSPPIO_NW or reach him at, jesse.grabow@state.mn.us).