This Makes Me Sad - Help?

Jonah Baby · Aug 2, 2010

Just talked to the Mother of the girl who hit me regarding reimbursement for the carseats.
I was able to order one, scraping the last of this paycheck's money together, and we had the receipt from the original Radian.

She told me she wanted the seats that she was paying to replace.
(You know...the crashed ones?!)
I told her they weren't safe, they had been crashed.
She told me she had a bunch of people still interested in using them.

She'll be pissed to know that I sold the Radian's cover (and don't plan on giving her the SR32 cover 'cause a member here is interested.)
The SR32 recline foot was completely broken/not functioning. I DO NOT feel right giving it to her. I don't want to give her the seats period, but the base is obviously not ok to use where it might be debatable on the seats themselves. Might. Whoever wants to take a questionable background seat should be prepared for such a thing (oh I feel so bad saying that.)

Should I just cut the harnesses and give them to her?
Someone wants to use a questionable background seat, they can at least replace the harness, eh?

It is just not an option for us to "drop" the whole matter and not have our seats replaced.
That's $450 worth of seats we lose, plus $150 in the one I already ordered.

ctbcleveland · Aug 2, 2010

I would tell them you are planning to give them to a local tech for training purposes - they are unsafe. period.

She can't ask the body shop for your broken headlights or whatever else they are replacing - don't feel bad for not giving her the seats.

carseatcoach · Aug 2, 2010

IMO, she has the right to the seats that she's replacing, so *she* can sell covers or whatever to offset the costs. You don't have the right to the seats (covers) AND the replacements.

Cut the straps, write DAMAGED over the shells with marker, and give them to her.

ctbcleveland · Aug 2, 2010

I am a little unclear about this anyway - why aren't you dealing with her insurance? It will be a lot less personal if you deal with a company than her. Maybe I missed a post on that.

LISmama810 · Aug 2, 2010

There's no way in hell I'd give her the seats. That opens both of you up to liability. In some states it's illegal to sell seats that have been in a crash, and I'd almos see that as "selling" them. She's buying you new seats in exchange for the crashed ones.

Why are you dealing with her instead of with the insurance company? Are you/they trying to avoid going through insurance? That's great if everyone cooperates. Not so great if people don't.

carseatcoach · Aug 2, 2010

ctbcleveland said:
She can't ask the body shop for your broken headlights or whatever else they are replacing - don't feel bad for not giving her the seats.

When an insurance company declares a vehicle a total loss, they keep the vehicle to sell whatever they can of it.

I know that often insurance companies don't *want* seats, so the original owners salvage covers and straps and stuff. That's a bonus. It's not a right.

kaleigh71 · Aug 2, 2010

Why do you have to give them to her? That's just stupid (of her, not you). I would definitely cut the harness and even use a sharpie to write all over the seat that it was crashed and do not use, unsafe, everywhere so that if you have to give it to her, at least when she hands it to the "interested" person they are fully aware. I might consider doing even more damage to the seat to the point where even replacing the harness wouldn't make it look usable.

carseatcoach · Aug 2, 2010

I kind of agree about not giving the seats, or at least making them unusable. But I think you owe her whatever you're getting from selling the covers.

Jonah Baby · Aug 2, 2010

chickabiddy said:
When an insurance company declares a vehicle a total loss, they keep the vehicle to sell whatever they can of it.

I know that often insurance companies don't *want* seats, so the original owners salvage covers and straps and stuff. That's a bonus. It's not a right.

I see the point made there.
I was getting roughly $25 per cover, so I was planning on telling her to only reimburse me $400, rather than $450.
I think THAT is fair. It was MY property that her negligent, selfish, texting teenage daughter destroyed.
I was concerned that such a situation as this would occur, which is why I wanted to salvage the covers so they weren't destroyed or re-used on the crashed seats.

Starlight · Aug 2, 2010

Why aren't you dealing w/ insurance?

LISmama810 · Aug 2, 2010

chickabiddy said:
I kind of agree about not giving the seats, or at least making them unusable. But I think you owe her whatever you're getting from selling the covers.

And if it becomes a matter for small claims court, it might come to that. You're supposed to minimize your damages (i. e., make things as cheap as possible) not come out ahead on someone else's dime.

As stated, insurance companies usually don't care, so if you can sell the covers and make a profit, great. But if you're not going through insurance, you might have a different fight on your hands.

TXDani · Aug 2, 2010

I would tell her they are not safe and you are having them destroyed by taking them to a car seat recycling event.

I would then tell her if she has a problem with this then you can go through insurance so you will know nobody will try to re-use these unsafe seats.

Pixels · Aug 2, 2010

The shells are already trash - write all over them with a Sharpie. The seats were unoccupied, right? So the harnesses are fine. Don't cut them, they're salvageable, as are the buckle and chest clip.

Still not clear why you're not going through insurance.

LISmama810 · Aug 2, 2010

Ok, if you're planning on reducing the amount she owes you by the amount you get for the covers, I'd say you're fine. Document that (keep emails/PayPal receipts), show her what you paid minus what you're charging her, and DO NOT hand over the seats. If she still wants them, she can sue you. You show up with proof that you minimized your damages, plus proof that the seats can't be reused, and you should be fine. But I doubt it would get to that point.

lovinwaves · Aug 2, 2010

You are doing her a favor by not going through insurance right? And that's why the Mom is willing to pay for the replacement of the seats outside of insurance?

Jonah Baby said:
The girls mother just called me.
She is willing to pay for the carseats outside of insurance, and I'm thinking that's what I'll do. I would feel bad giving her 3 license points - I've been given "breaks" in the past.

Tell her you are having the unsafe seats recycled, and you will reimburse her for the money you made off the usable parts of the seat (if you are ok with that of course

)

Otherwise, you are turning this into insurance and it looks like her 16 year old daughter will be feeling the effects of texting while driving and getting 3 license points.

Lilsid · Aug 2, 2010

I would keep the covers and all the padding or what ever in each seat. Then I would cut the straps in several places. Then I would write Crashed do not use all over the shells in perm marker. She may just want the seats to make sure you are really getting new seats and not using them your self, and taking her $. Just my :twocents:

Lulu · Aug 2, 2010

Sorry no way in heck I'd not go through insurance AND be giving her the used seats or any part of them. You're already doing her a huge, huge favor. One that I would never have agreed to personally. You hit somebody while being negligent, you deserve the consequences. I do not think you owe her the money for the covers either. You are not coming out ahead-- she has cost you precious time dealing with all of this. If she wants to fight you over the seats, or the $50 you made selling the covers, she can take it up with your insurance.

Maedze · Aug 2, 2010

I would tell her that she can accept that you will not give her the seats, or you will go through insurance, but you are absolutely not putting the damaged seats into circulation. No way should you do that.

I also do not agree that she is owned the money from the sale of the covers.

kaleigh71 · Aug 2, 2010

Maedze said:
I would tell her that she can accept that you will not give her the seats, or you will go through insurance, but you are absolutely not putting the damaged seats into circulation. No way should you do that.

I also do not agree that she is owned the money from the sale of the covers.

After reading the bit about why you aren't going through insurance, I agree with this completely.

safeinthecar · Aug 2, 2010

Ummm, if your car is totaled, the insurance company keeps the car because they BUY the car from you, for fair market value.

These people are not buying her crashed car seats from her, they are buying her new car seats because they damaged her seats beyond usability. It is a huge liability to sell an unsafe seat, I would refuse. I wouldn't even give a discount for the covers. She is NOT buying the seats.

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