How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience:  Over 5 years in practice
Type Your Law Question Here...
Jo C. is online now

Can incorrectly restrained child or the use of a non-approved

Customer Question

Can incorrectly restrained child or the use of a non-approved child restraint invalidate your car insurance?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 2 years ago.

What would you like to know?

Expert:  Jo C. replied 2 years ago.

It should only validate the insurance if the use or the fitting was material in respect of the incident being claimed for.

They could not refuse to pay out a claim for theft because there was an incorrectly fitted child seat.

They could refuse to pay out a claim for theft if the car had got expensive wheels on and a really expensive stereo which had not been declared because that may have affected the issue of the theft.

The only way of being absolutely certain that you don't have an argument is to make sure that only approved restraint so used and that they are fitted strictly in accordance with the manufacturer's recommendations, however remember that manufacturers "approval" is very often their way of selling more of their own accessories.

In that case, if it was exactly the same but not approved, you would still have to prove to the manufacturer that there was no material difference.

Just because something is not approved does not mean that it is equally as good or better, it just means that it is not had some kind of rubber stamp

Can I clarify anything for you?

Customer: replied 2 years ago.

There are quite a few people on various internet forums (not experts), who believe that using a child restraint from outside Europe, ie one that is not approved according to our standard, will invalidate their car insurance. But it's never clear if they mean that the insurance company won't pay out anything, ie repair/replacement of vehicles, medical and legal costs, loss of earnings etc, or whether they're simply referring to the cost of a replacement car seat.
The thing about using car seats' support legs inside or on top of filled storage boxes, is that many people believe that the floor inside these boxes is weaker than the floor of a car without storage compartments. I have been assured by various car seat experts that this is not the case and that some of these seats have passed crash tests without the leg being installed at all.
So just to be clear, the insurance would only be invalidated if the accident happened as a direct result of a seat not being fitted correctly. (Which would not be the case here). So what is an incorrectly fitted seat wasn't the cause of an accident, but did cause severe injuries to the child. Would that have insurance implications?
I would like to give you a link to the (short) discussion that made me come to you for advice. I hope you're able to see it.
Thank you, Margaret

Expert:  Jo C. replied 2 years ago.
Everything that you have just said is correct however if the child is injured as a result of the seat or the fitting thereof of the parents and whoever fitted it would possibly be on the end of a negligence claim.

I think the last comment at present from Wiebke Lax, starting “I know what you mean…” sums the matter up perfectly!

If I was a fitter, I would only fit approved seats in the approved way and I would refuse to fit seats supplied by the parent or anyone else.
Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Expert:  Jo C. replied 2 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Jo C.

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
< Last | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice