thread: Isofix.....

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  1. #1
    Registered User

    Aug 2008
    Melbourne
    1,539

    We have a 2008 VW that has isofix. We have an ERF imported from the US made by Britax (same company as SnS). My almsot 2 year old sits RF'ing and I plan on keeping him RF'ing for as long as possible. My understanding is that technically, we could get a tkt. I'm willing to risk that in exchange for the proven safety benefits of ERF'ing. If we have an accident, insurance wouldn't cover replacing the car seat but I believe it would have no further consequences in terms of coverage. Again - it is proven to be so much safer that we are willing to wear that as well. OH - and like everything else - the britax costs half as much as any AUS SnS car seat and based on my extensive research is safer bc of ERF.

  2. #2
    Registered User

    Aug 2008
    Melbourne
    1,539

    Ps our seat can be installed using standard seat belts but isofix is so easy!-

  3. #3
    Registered User

    Dec 2007
    Victoria
    7,260

    If we have an accident, insurance wouldn't cover replacing the car seat but I believe it would have no further consequences in terms of coverage.
    This is what I have been advised by my insurance company - unless the seat itself caused the accident, its being fitted in the car is irrelevant to my coverage paying out in the event of an accident. The seat would not be replaced though.

  4. #4
    Moderator

    Oct 2004
    In my Zombie proof fortress.
    6,449

    If something was to go wrong in an accident you could well be blamed for not using an Aus standard seat. Tac are hard enough to deal at the best of times and know from when I was an insurance investigator that insurance companies can sometimes find anything to deny a claim.

    Also if the seat is faulty what recourse do you have if it is purchased overseas?

  5. #5
    Registered User

    Feb 2011
    Sydney
    283

    Astrid, that is true, but a child is covered by comp third party and TAC as they are not at fault and had no choice. I know of a guy that killed himself drunk driving and his family still got TAC payout. I know that my insurance company is the same as buliej and limeslice. They will payout because most companies are international and know ISOFIX is better. There could well be legal ramifications foe the parents afterwards but considering the statistical differences for infant road deaths comparing Australia to euro, its a risk I think I'd be willing to take. Being friends with a cop, she said she would have no idea about car seats other than the child should be firmly fitted and a top teather in place. I think you would have to get a thorough roads and transport safety check to get picked up....
    I will be thoroughly researching before I go ahead with importing a seat. However it is more a question of whether seats will be available for our bub. The legislation should be well and truly in place by then so I will be able to fully analyse any seat and find one that meets Australian standards, even if they haven't been tested here yet.

  6. #6
    Registered User

    Dec 2007
    Victoria
    7,260

    In terms of warranty, the seat itself is still covered by its own warranty regardless of which country it is used or purchased in - that has nothing to do with local law, but is a matter for the manufacturing company. If a seat is faulty, you claim it like you would any other faulty product.

  7. #7
    Registered User

    Jul 2009
    Riding it out...
    4,959

    Caz there is a chance of legal action against the parents to re-coup any money paid for medical treatment by TAC (or equivalent in your state) if they are found to have been negligent in using a seat that is not Australian approved, as it is illegal. There hasn't been a case of this yet, but it is possible if someone decides they want to make a point or an example. All things to think about.

  8. #8
    Registered User

    Feb 2011
    Sydney
    283

    There would be a vast difference between being charged with using an illegal seat and being sued for negligence. IMHO, I Think any court would have a hard time finding negligence when there are so many studies etc proving otherwise.... youvwould simply go to court and they would have to prove that the child would be safer in an Australian seat.... which I think would be near impossible.... legal eagles please correct me if I'm wrong

  9. #9

    Mar 2004
    Sparta
    12,662

    but considering the statistical differences for infant road deaths comparing Australia to euro, its a risk I think I'd be willing to take.
    You're aware that there are a bunch of other variables yes? One of the biggest is distance to a hospital. In most parts of Europe they can usually have you in a hospital within 20 minutes of crashing. In Australia it can take emergency services over 20 minutes just to reach a high speed accident. That makes a huge difference to their statistics.
    If you have a criminal finding against you it is very easy to make a civil case of negligence against you. The cost of defending yourself against such a case if bought by an insurance company or a government organisation would be prohibitive. You would be very likely to lose because you knowingly committed a criminal act and then you would probably be liable for the legal costs of the plaintiff as well as your own. If your defence was that it was a superior system then you would have to prove that by paying for testing/expert opinion.

  10. #10
    Registered User

    Aug 2008
    Melbourne
    1,539

    You can see videos on You Tube of forward facing vs rear facing seats - run by sophisticated and legitimate labs - they make an extremely compelling case - and they have nothing to do with distance to the hospital etc - but rather severity of injury - ERF is so much safer! There are lots of articles about this - there are a number of people who are very passionate about car seats and safety who try to educate a wider population - if you google you could spend 2 days reading up on ERF vs FF. I agree with Lime Slice - at the end of the day, it's a choice so long as you are aware of the possible consequences. To me, the choice was a no brainer. As an aside (as it does not relate to the latter part of this discussion), statistically speaking ISOFIX car seats have a much lower rate of improper install as well. We move ours between cars so easily (our other car also has ISOFIX) and you can get is so tight and properly aligned level so easily. Personally, I think it's disgraceful that Australia is so far behind when it comes to ERF and ISOFIX and yet boasts about it's great car seats.

  11. #11

    Mar 2004
    Sparta
    12,662

    I'm not sure that you tube will make great evidence if you are involved in a court case.

    What is fair and logical often seems utterly irrelevant in courts.