Not sure where this goes.. Allstate won't replace SIL's carseat because we weren't "at fault"?

[easterbun]

I posted earlier in the car forum that DH's Jeep was in a wreck on Christmas when the IL's were driving it. We've been around and around with our insurance, and they're basically telling us that the "at fault" party is responsible for replacing my SIL's car seat, and our insurance won't cover it. Well that's just lovely, since the "at fault" party has no freaking insurance :mad:

This goes against basically EVERYTHING that I've read here, and on other forums. We don't have uninsured motorist coverage, so we're having to file the claim against our collision coverage. I assumed they would cover everything aside from the deductible. THAT is why we pay them, right?

Honestly it's not a really huge deal to just buy my SIL a new seat (and I will, if it comes down to that - I don't want them driving around with the wrecked one), but right now it would certainly be a WHOLE lot better if insurance covered it for us.

So what do we do next? I'm really REALLY ticked off, because if it was us in the car, with OUR kids, we'd be out $700ish (DH usually has our Boulevards in his car, not the combo I use).

[CandCfam]

Unfortunately not many states force a legal requirement for vehicle insurance companies to cover replacement of CSRs after an accident.
You can push the issue.
Ask to speak to the agent's supervisor.
Reiterate to them over, and over, and over again that a child seat is not only legally required (although, in Texas, they have pretty sucky laws, and it might not be legally required depending on your SIL's child's age), but it is required for the safety of your child to ride in the vehicle that IS covered by insurance that you pay for every month.
Keep repeating that.
That's what I had to do (Progressive ins) when DH flipped his Jeep last year.
If they won't budge, homeowners/renters insurance would be the covering company - not sure that that would be a worthwhile claim to file though.
Good luck.

[papooses]

Yes & if that doesn't work, also ask the supervisor for the denial in writing -- they often decide to reimburse then.... (((GOOD LUCK)))

[crunchierthanthou]

Insist on a letter stating that they assume responsibility should the restraint fail in the future. That sometiems gets them to approve the replacement.

Were the children in the vehicle at the time of the crash? Is it stated on the police report? Britax has a crashed restraint exchange (http://www.britaxusa.com/support/exchange.aspx) program through which they may replace the seats.

[easterbun]

My 10 week old neice was in the car.. in a Graco SnugRide. So for us to replace the seat for them isn't exactly $$$ (because they definitely can't afford to replace it themselves), but it would definitely be helpful if insurance paid for it.

I just wasn't prepared at all for DH to be told that they won't cover it because the accident wasn't our fault - I mean, serious, WHY NOT!?

[southpawboston]

if the at-fault party didn't have insurance, then the repair to your jeep is coming from the collision section of your own policy? then the deductible will already have been reached, and the cost of the carseat should just be added to the damage estimate. it is not a separate claim with a separate deductible.

[Wineaux]

Your letter of denial from Allstate should state that they, Allstate, assume full legal and financial responsibility for any injuries or deaths associated with the car seat that they are refusing to replace.

This is what tends to get them off their asses to replace the seat. Without the letter they are out ~$150. With the letter they are potentially responsible for payments into the millions. Common sense tends to prevail and the insurance companies pay for the seat replacements.

PS That letter? You are demanding either the letter or replacement. You are NOT asking...

[jmm3]

It doesn't make sense for them to be separating out the carseat replacement from the repair of the vehicle. I was in an accident where an uninsured driver was at fault. My insurance paid everything (there were no CRs involved though) except the deductible. It was over $10,000. They later had a court case against the driver to try to regain the money, but I don't think that ever happened. :rolleyes: I think he was actually in prison or something. He got taken away from the accident in handcuffs and his unregistered vehicle he was driving without a license was almost 20 years old. :thumbsdown:

Anyway, if your insurance is paying for the repair of your vehicle, there's no reason for them to not pay for the carseat.

[skaterbabscpst]

Your letter of denial from Allstate should state that they, Allstate, assume full legal and financial responsibility for any injuries or deaths associated with the car seat that they are refusing to replace.

This is what tends to get them off their asses to replace the seat. Without the letter they are out ~$150. With the letter they are potentially responsible for payments into the millions. Common sense tends to prevail and the insurance companies pay for the seat replacements.

PS That letter? You are demanding either the letter or replacement. You are NOT asking...

:yeahthat:

[cryswilkins]

What I would do is buy the seat. Then call and ask them where you need to send the a copy of the receipt for reimbursement. That way there is no asking if they will replace it. If they then give you a hard time I would ask for the supervisor and tell them that you have a letter from Graco (which they can send you) stating that you can not use the seat that was in the accident. IF then they still give you issues ask for a letter from them claiming liability.

[azgirl71]

Your letter of denial from Allstate should state that they, Allstate, assume full legal and financial responsibility for any injuries or deaths associated with the car seat that they are refusing to replace.

This is what tends to get them off their asses to replace the seat. Without the letter they are out ~$150. With the letter they are potentially responsible for payments into the millions. Common sense tends to prevail and the insurance companies pay for the seat replacements.

PS That letter? You are demanding either the letter or replacement. You are NOT asking...

:yeahthat: You could also check out the Britax exchange program. If it comes down to it and you have no luck with either of those your homeowner's policy will usually cover it as well.

[Stretchy Glue]

Here you go Pola, we almost always replace, but if no one in the car seat and not occupied, we can have it inspected, but I don't know what that process would look like, have never seen us not replace one. Have a great day!

the guideline is as follows:

Damaged and Occupied Replace
No Damage But Occupied Replace
Damaged But Not Occupied Replace
No Damage and Not Occupied Inspect

I hope this helps.

This is an email that was forwarded to me from our Allstate agent. It was sent to her by the claims office. I've deleted her last name, but I don't have the name of the claims person. I hope this helps.
I would honestly ask them to write a letter saying that they would 100% guarantee that this seat is safe. I bet that gets them to cover the seat.

[PixieEMT]

I'm with you! I don't ASK...I DEMAND! Statefarm tried that BS w/ me after a guy ran a stop sign and t-boned my Sunfire. I had no traffic control device just driving on the Main Street of our town doing about 30ish. The guy was in a rush to get to work. We BOTH had Statefarm (We live in PA) and I had to get a bit mouthy. His agent was busting my chops about replacing my nephew's BPB (valued $50). My nephew wasn't in it when the accident happened but it was right near the passenger rear door. Some intrusion present. I told the agent to basically "pound sand" that her client was at fault and someone was replacing my seat. I DEMANDED and got what I wanted. They cut me a check for new Evenflo BPB after I turned in the receipt.

[Mama!]

We have StateFarm, and our people told us that they'd replace the seat pronto, even though the other guy admitted at the scene that he was at fault.

Since it was a safety issue, they replaced it that day.

Ask your ins company to put it in writing. Ask them if they'll be held responsible.

I just faxed a receipt to them. We got a check the next day.

DD was not in the seat, but they replaced it anyway.