"Crashed seats", need help with legalities

kidnurse

Active member
A friend of mine was in an accident, kids were not in the car, but the seats were. Cosco high back boosters, and a Keyfit30. My friend was stopped at a red light and was rearended by a car going approximately 20-ish miles per hour. Damage to her car was, muffler, bumper and one exhaust pipe needed replacing. When my friend spoke to a rep at AllState, other driver's insurance, she was told that if the seats had been occupied they would replace them no problem, but that by law in Arizona they are not required to replace an unoccupied seat.

What do we do from here?

I am fairly certain that none of these seats should be used anymore, but how can we get help getting the insurance company to replace them?

TIA
 
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Maedze

New member
The seats should not be used again. She can start by photocopying the relevant portion of the user's manuals for the seats. She should also enlist the agent of HER insurance company to fight for her. That is part of what she pays them for :)
 

jjordan

Moderator
I've never tried this myself, but I've heard others suggest that you'll get results if you ask the insurance company to write a letter saying that they will accept responsibility if the crashed seats fail to protect a child in a future crash.

Before you do that, you can try (if you haven't already) pointing them to the manufacturers' instructions saying that the seats need to be replaced.
 

SusanMae

Senior Community Member
What they said--

Also for the infant seat, was it just the base or the base and seat that were installed in the car? If it was just base, then she could still use the seat baseless until she got a new base.

Susan
 

carseatcoach

Carseat Crankypants
I agree with going through your insurance company.

I don't agree with asking for a letter accepting responsibility. From a legal(ish) standpoint it's just silly -- no company is going to do that because even if they really do believe the seats are safe to reuse, they can't know whether they are being used properly. When I negotiate with companies, I prefer not to make unreasonable demands. (Wanting the crashed seats replaced is reasonable. Demanding that they take full responsibility for any and all future use is not reasonable.)
 

Auntie2Avi

New member
I had a similar situation about a year ago. Was rear ended, no kid in the carseat. 21st century didn't want to replace the seat. I began by speaking to a supervisor about this issue because my adjuster didn't know a thing. I said that I had documentation requiring the replacement and she asked me to fax it to her. I copied the page in the manual requiring replacement as well as the cover of the manual. I spoke to the woman the next day and she looked up the seat online and saw what it cost. I got a check a few days later. They didn't ask for the seat or a receipt or anything which imo is stupid but I think they were surprised by how pushy I was about this issue. My seat did have stress marks where the belt was (I didn't think to take pictures before trashing it) so I'm glad that I replaced it.
 

Maedze

New member
I don't think the purpose of asking for the letter is to get an actual letter. I don't believe the insurance company thinks that either. The purpose of asking for the letter is a polite, but firm way of saying, "you do realize that by refusing to replace my seats you are opening yourself up to a serious legal pickle at a later date, right? You realize that by refusing to spend a few dollars now you could be out thousands and thousands a little ways down the road?"

The insurance company understands the implied message, which is why they'll generally read such a request and realize that their decision is unwise and unsafe.
 

carseatcoach

Carseat Crankypants
We'll have to agree to disagree. I think that if it works, it works because they realize paying for the seats is less hassle than dealing with the demands.

I still think the better way is to go through your insurance and let them fight it out.
 

trippsmom

CPST Instructor
I threw the whole "open up for a law suit" thing at the insurance company last year when they weren't wanting to replace ds's seat. They didn't want to send me a check until we settled the entire claim and I wasn't willing to wait that long. I gave the the ultimatum and they promptly mailed me a check overnight. I had already sent a letter from Evenflo about required replacement. I'd start w/ contacting Chicco, etc.

I was rather mean with them. Their insured had hit me and sent me into labor at 29w and combine that with the seat... I was miffed. I told them that they could either pay my missed wages b/c I wasn't taking ds anywhere in a crashed seat or they could be prepared for what would happen if I had to take him out in it and he was injured by fault of it having not been replaced while I waited on the money. It worked.
 

SavsMom

New member
I am having the same issue - almost the exact type of collision I was in - stopped at a red light and got rear ended, my seat was also unoccupied. The other guys insurance is refusing to pay for a replacement seat. I have a letter from Evenflo and have provided them with it - to no avail. Ugh :mad:
 

tarabelle

New member
I told Geico (mine was occupied though) that they had two choices: Either pay me for my seat or I would take their insured to small claims court. They were trying to stick the seat under MY policy as personal property and did not want pay for it.

I had a check cut to me that day.
 

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