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Children Still Covered by ICBC with Expired Car Seats

CTV News Vancouver recently investigated the possibility that ICBC insurance coverage would be affected if a child were injured in an expired booster seat. Regardless of who is at fault for the collision, children in car seats are still covered by insurance. However, aside from the obvious desire to ensure the child’s safety, there is a reason why not having an expired car seat is helpful to protect yourself from a lawsuit.

While an expired car seat may not affect ICBC insurance coverage for a child, it can be a factor in leading to the otherwise innocent parent being accused and even held responsible for a portion of their own child’s injuries, which would be devastating for a parent. If there is some evidence that the child’s injuries would have been lessened by an unexpired car seat (e.g., if the expired car seat faced a recall, had a design flaw that has since been resolved, or failed in the collision due to plastic degradation from sun light, etc.), the otherwise innocent parent could be dragged into a lawsuit as a third party by ICBC or the insurance company of the at-fault driver. In some cases, a litigation lawyer might even sue the parents on the child’s behalf for failure to ensure proper care to the child.

If you’re involved in an incident in which you’ve been impacted by the actions of another driver and you’re unsure about the effects of how the status of a car seat could impact your settlement, call at us 604-689-3883 or send us an email at info@BLWlawyers.com today.

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