need new seat after accident help

[tinytreasures]

dh was in a accident on tue with our 9yr old dd that has low tone C.P.
she was in a graco Nautilus (5-point)
dh was hit right where dd sits in the van he was going 20 miles a hour and the lady decided to turn and turned right into the side of my van

she is very banged up
I took her right to the ER and they put a neck collar on her and x-rays of her neck
the next day her face started swelling so I took her back in and they said it was from the bump on her forehead draining down her face (I didn't see a bump the night before) the only thing she could have hit was the wing of the carseat

the bummer part is the insurance will only pay for her seat to be replaced even though I have 5 carseats in the van (2 were in use at the time but ds didn't get hurt)

so the point is I need help picking out a new seat for her and the other kids (I drive a minivan)
I had
3 nautulis's
1 radian
1 brand new britax boulevard (only 1month old)

I have all of them 5 point harnessed
our oldest is a very little 11yr old (58lbs) 16 1/5 shoulder
dd that got hurt is 9 (50lbs) 16 inches shoulder height
ds 7yrs (48lbs) 16 1/2 shoulder
ds 4yrs (42lbs)
dd 2 (28lbs)

plus I really feel I need to replace all the seats even if the insurance won't
is that right?
I need hers to have good head protection

[Judi]

So why will the insurance only pay for the one seat? That is really bugging me. Also, I assume you have specialist, etc that you go to for you daughter, correct? Will be back with more questions.

[Maedze]

Yes, all the seats need to be replaced. I would STRONGLY persue getting the seat replaced with your insurance. Keep being polite and asking to speak to a supervisor, but don't back down.


As to which seats to get, it's more a matter of personal taste than anything.

I'm assuming the two year old is rearfacing. (If not, I'll let you know that a 28 pound 2 year old is much safer rearfacing than forward facing.) The Evenflo Triumph Advance, First Years True Fit, Sunshine Kids Radian or Britax Marathon/Boulevard would be good.

For the four year old I would consider either another Graco Nautilus or a Britax Frontier. For the 9 year old with CP, I'm presuming you want her harnessed as long as possible. I would look into a Britax Regent for her (make sure the seating position has a top tether anchor). Also, you might want to see if your medical insurance would cover a special needs seat like the Roosevelt for her, which has harness slots much higher than the Regent.

For the 7 and 11 year olds, there is no need or safety benefit to keeping them in five point harnesses unless there is also a maturity issue at play. Barring a maturity issue, I would put the 7 year old in a high back booster with good support like the Sunshine Kids' Monterey or the Recaro Vivo, and I'd get a quality backless booster for your 11 year old (presuming the vehicle seating position has a headrest) like the Combi Dakota, Harmony backless, or Clek Ozzi.

[tinytreasures]

the boys are in 5-points since they are both special needs also
I adopt special needs kids :whistle:
both mess around to much in a high back booster ;)
I do have the 2yr old rf in the boulevard and will get her a new one she loves her seat :love: (she just moved out of the wizard because it will expire soon she hated it)

[Maedze]

Ahah...I follow :D

In that case...Roosevelts for everyone who's forward facing! Except I'm not sure four Roosevelts would fit in one car :D

Seriously though, I would explore Roosevelts with your medical insurance company. Are you familiar with them? They are designed specifically for kids with SN and come with all sorts of props and bolster for kids with low tone, and even a velcro cap for kids who cannot hold up their own heads :)

[tinytreasures]

so you think I should start begging dh for a Jon and Kate van :D (that way we have room for a few more kids)
I was really happy with the Nautilus till I saw the damage on her face and neck :(
this was tuesday after we got home from the ER
http://i3.photobucket.com/albums/y75/5tinytreasures/P1000634.jpg
this is last night
http://i3.photobucket.com/albums/y75/5tinytreasures/IMG_6001.jpg

[Maedze]

oooohhh poor baby :(


No, you don't want a John and Kate van, because it has no top tether anchors, plus, who knows, it might destroy your marriage :D

[tinytreasures]

oooohhh poor baby :(


No, you don't want a John and Kate van, because it has no top tether anchors, plus, who knows, it might destroy your marriage :D

:ROTFLMAO:

of all the kids to be in the car it had to be her and it had to hit right were she sits :(

I will call her Dr on monday and see if he will write a script for a handicap car seat but what should I do in the mean time?
I have her in a highback booster right now

[mommycat]

I certainly hope you can get your insurance to cover all your seats. Even with the Britax which doesn't say to replace after any crash, you still meet the criteria - Britax says to replace seats involved in Moderate or severe crash as listed here:
http://www.nhtsa.dot.gov/people/injury/childps/ChildRestraints/ReUse/RestraintReUse.htm
Minor crashes are those that meet ALL of the following criteria:
* The vehicle was able to be driven away from the crash site;
* The vehicle door nearest the safety seat was undamaged;
* There were no injuries to any of the vehicle occupants;
* The air bags (if present) did not deploy; AND
* There is no visible damage to the safety seat


I would make copies of this and all the pages from your manuals where it says to replace seats after a crash and send them in to the insurance. If they still refuse, I have seen people here have success with asking the insurance company to provide a written promise to assume all liability for any injuries should your kids be injured in subsequent crashes, since they are deciding that your seats are still ok to use...

[tinytreasures]

I certainly hope you can get your insurance to cover all your seats. Even with the Britax which doesn't say to replace after any crash, you still meet the criteria - Britax says to replace seats involved in Moderate or severe crash as listed here:
http://www.nhtsa.dot.gov/people/injury/childps/ChildRestraints/ReUse/RestraintReUse.htm


I would make copies of this and all the pages from your manuals where it says to replace seats after a crash and send them in to the insurance. If they still refuse, I have seen people here have success with asking the insurance company to provide a written promise to assume all liability for any injuries should your kids be injured in subsequent crashes, since they are deciding that your seats are still ok to use...

I had that list and read it over the phone to the insurance person and she said because only my dd got hurt that is the only seat they will pay for :mad:

[freqflyer]

I would call back and see if you can talk to another person or their supervisor. They really need to pay to replace your seats.

Hope your daughter has a quick recovery.

[Maedze]

I would call back and see if you can talk to another person or their supervisor. They really need to pay to replace your seats.

Hope your daughter has a quick recovery.

:yeahthat:

Dig your heels in, mama. That's ridiculous.

[4boysmom]

What about the other parties insurance, or is your dh legally "at fault"??

[rochelle]

I had that list and read it over the phone to the insurance person and she said because only my dd got hurt that is the only seat they will pay for :mad:

"NHTSA recommends that child safety seats be replaced following a moderate or severe crash in order to ensure a continued high level of crash protection for child passengers."

thats means even un-occupied car seats as long as in a moderate or severe crash.

"Minor crashes are those that meet ALL of the following criteria
There were no injuries to any of the vehicle occupants; "

Your daughter was in ER and needed a neck collar. definately one occupant is injured.

[tinytreasures]

"NHTSA recommends that child safety seats be replaced following a moderate or severe crash in order to ensure a continued high level of crash protection for child passengers."

thats means even un-occupied car seats as long as in a moderate or severe crash.

"Minor crashes are those that meet ALL of the following criteria
There were no injuries to any of the vehicle occupants; "

Your daughter was in ER and needed a neck collar. definately one occupant is injured.

I told her that and she still said no
it was a minor accident according to my insurance company
but she did say she would bring it up to the other company since it was her fault not dh

[An Aurora]

Awww poor kiddo :(

Insurance NEEDS to cover the other seats. That is just not acceptable. Talk to her manager and don't take no for an answer.

[Judi]

Don't just ask your Dr about a script, ask about monies available to PAY for the seat. The roosevelt is awesome, but will run between $700-1000.

[Mama Jo]

If the other driver is at fault, their insurance company should cover the cost to replace the seats. In the event her policy doesn't cover it, I would then pursue having it covered under your underinsured motorist coverage.

If you get nowhere with either avenue, contact an attorney. If it was just one seat, I wouldn't be so adamant about it. But this is 5 seats. And not cheap seats, either. There is no reason you should have to fork over the money to replace those seats.

In my experience as a legal assistant, insurance company battles can take a little while, but very seldom do they actually go to court, as the insurance company generally settles and sends you a check. (Althought I've never dealt specifically with a *carseat* case... but insurance companies don't want to go to court...)