11580.011. (a) As used in this
section, "child passenger restraint
system"
means a system as described in Section 27360 of the Vehicle
Code.
(b) Every policy of automobile liability insurance, as described
in Section 16054 of the
Vehicle Code, shall provide
liability
coverage for
replacement of a child passenger restraint system that
was damaged or 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.
(c) Every policy of automobile liability insurance that provides
uninsured motorist
property damage coverage, as described in
paragraph (2) of
subdivision (a) of Section 11580.26,
shall provide
coverage for
replacement of a child passenger restraint system that
was damaged or was in use
by a child during an accident for which
uninsured motorist
property damage coverage under the policy is
applicable due to
the liability of an uninsured motorist.
(d) Every policy that provides automobile
collision coverage, as
described in
Section 660, or every policy that provides automobile
physical damage
coverage, as described in Section 660, shall include
a child passenger
restraint system within the definition of covered
property, if the
child passenger restraint system was in use by a
child during an accident
or, if the child passenger restraint system
was in the vehicle and it
sustained a loss covered by the policy.
(e) Upon the filing of a claim pursuant to a
policy described in
subdivision (b), (c),
or (d), unless otherwise determined, an insurer
shall have an obligation to
ask whether a child passenger restraint
system 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 an
obligation to
replace the child passenger restraint system or
reimburse the
claimant for the cost of purchasing a new passenger
restraint system in
accordance with this section if it was in use by
a child during the
accident or if it sustained a covered loss while
in the vehicle.
(f) An insured, upon acquiring a replacement
child passenger
restraint system,
may surrender the child passenger restraint system
that was replaced to the
nearest office of the Department of the
California Highway Patrol.