As of January 1st, 2010 AB 299 expands to now require every car seat to be replaced in a vehicle collision regardless whether the seat was occupied. When writing damage appraisals effective January 1st, 2009, appraisers must write on the estimate to either replace the seat or allow reimbursement if the vehicle was involved in a collision.
Existing law provides that every policy of automobile liability
insurance, as specified, or collision coverage, as specified, shall
provide coverage for replacement of a child passenger restraint
system (child seat) that 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. Existing law provides that upon the filing
of a claim for replacement, unless otherwise determined, an insurer
shall have an obligation to ask whether a child seat was in use by a
child during an accident that is covered by the policy, and must
replace the child seat if it was in use by a child during the
accident or reimburse the claimant for the cost of purchasing a new
child seat.
This bill would provide that every policy of automobile liability
insurance, as specified, shall provide coverage for replacement of a
child seat that was damaged in a covered accident, and that every
policy that provides collision coverage, as defined, shall include a
child seat within the definition of covered property, as specified.
This bill would provide that upon the filing of a claim for
replacement, unless otherwise determined, an insurer would have an
obligation to ask whether a child seat 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 must replace the child seat or reimburse
the claimant for the costs of buying a new child seat if it was in
use by a child during the accident or if it sustained a covered loss
while in the vehicle.
