Question Advice for dealing with insurance after a crash

angie3096

New member
I was in a fender bender on my way from work Wednesday. My kids were not with me but their carseats were in my car. Britax MA, installed RF and a Graco Nauti in booster mode. I was so flustered at the accident I did not point out the officer writing the report that I had carseats in my car that may need to be replaced. How bad is that?

The airbags did not deploy. I have damage to my hood and fender and a coolant leak. I did drive the car away from the accident because it was a slow leak and since I did not have far to go the officer thought I could make it without overheating. I have not been able to drive it since, though.

I had the right of way. The accident report is not yet available. I do have uninsured motorist but not collision. My insurance person said she did not know if replacing carseats would even be covered under my uninsured motorist policy. They would repair the car but she couldn't say if they would replace the seats. She said if the other guy does have insurance I could try to get them to pay for it.

I do not like the word "try." How does that work? I say I need new carseats, they say sorry, no, and then what?

Do I even need to replace them since it was a minor crash and the airbags did not deploy? I am thinking probably yes on the Graco because it was not belted in and it went forward and made contact with the front seat. I'm thinking probably not on the Britax? Help me.
 
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wendytthomas

Admin - CPST Instructor
Staff member
Graco requires replacement after *any* crash. So yes, it needs to be replaced (and buckled in when not in use in the future, or LATCHed in).

The Britax is a bit trickier. It does not need to be replaced since technically your car was drivable, but I don't know if I'd really consider it drivable. So I'd probably replace it as well.

If your insurance won't pay for it (and let THEM go after the other insurance company for reimbursement) then ask that you'd like a letter on their letterhead asking for them to assume all financial liability for the future in case of any injury that results from continued use of the seats. Send them a copy of where it says in the Graco manual that you must replace the seat, same with the Britax (or get in touch with Britax and see if they say yay or nay and forward that on). They'd probably rather pay you a few hundred now than take the risk of a lifetime of medical bills.

Wendy
 

carseatcoach

Carseat Crankypants
I'm confused. You are being covered under "uninsured motorist", since you don't have collision coverage, but they suggest you go after the other person's insurance?

Who was officially at fault? Does the other driver have insurance?
 

angie3096

New member
I'm confused. You are being covered under "uninsured motorist", since you don't have collision coverage, but they suggest you go after the other person's insurance?

Who was officially at fault? Does the other driver have insurance?

I do not have much information yet because it just happened Wednesday and the accident report is not yet available. Officers apparently don't assign blame at the scene any more, they "remain neutral". But I had the right of way so I think it is the other person's fault. I was going straight, he had a stop sign and I did not.

Since I do not have the accident report yet I do not know what type of coverage the other person had. My insurance person said since I have uninsured motorist I file the claim with them and they will go after the other person's insurance for reimbursement. I think that's how it works, anyway.
 

4boysmom

New member
I don't know that a coolant leak makes the car undrivable by crash standards. If you refilled it could you drive it? Peoples cars leak coolant just from being old ykwim. I take driveable to mean structurally driveable. But I am not a police officer scientist or car seat manufactuer.
 

4boysmom

New member
Does it make it undrivable by Britax's standards? That's all that matters. And I don't know if they make the distinction.

Wendy

which is why I said I wasn't a car seat manufactuer :) It just seems to me that there would be ways a car is no longer driveable that would not constitute needing a replacement. Someone could run a shopping cart with a broken prong that pops your tire into you car and also scratching the bumper (making your car undrivable until modifications are made because of the tire being flat) but I would not replace my seats for that ykwim. Definately worth called Britax though.
 

cryswilkins

New member
I would probably replace both seats for my own piece of mind. The Britax is questionable, but I would still do it.

I found that when dealing with insurance its better to just tell them that you need something replaced, rather than asking. When DH was in an accident with our seats in the car I said: "I also had two car seats that were installed in the vehicle that will need to be replaced per the manufacturers guidelines. Should I purchase them and then send you the receipt or is there another way that you handle that?" My agent never questioned replacing them. Same thing when my mom was in a crash with DD's seat installed. She didn't ask.
 

TheQueenMother

New member
Wi did not have any luck with insurance replacing my seats after our crash. I see posts often with members who had a check cut promptly but our experience was that insurance did not care about what the manufacturers instructions were.
I hope your outcome is much different.
 

Rebelnicky04

Active member
When I was involved in my wreck which was a bit more serious I just contacted my insurance adjustor and let him know that I had some pricey car seats in my car that I do not feel safe using ever again. I told him unless they wanted to give me written documentation that those seats were safe to use again I wanted them replaced. They allowed me to go to any store I wanted and pick out my replacement seats and then just supply them with the receipt. No insurance company will give you written documentation that the seats are fine because they do not want to be liable if something were to happen. Good luck!
 

carseatcoach

Carseat Crankypants
The written documentation "trick" is based on a fallacy -- that the insurance company is responsible for replacing seats. Whether they actually are or not is dependent on the coverage each person carries. The OP does not carry collision coverage. She may not be entitled to replacement, and the insurance company is not obligated to guarantee that the seats will be safe because it's not their job to do so if she didn't purchase that coverage.
 

Pixels

New member
Regardless of insurance coverage, if the collision was the other person's fault, they are responsible. You may have to take them to small claims court, but they are responsible for the property they destroyed.
 

carseatcoach

Carseat Crankypants
Right, I agree. But it hasn't been established yet that the other driver is at fault and that the seats should be covered, and PPs are already suggesting threats (which, again, are based on a fallacy).
 

angie3096

New member
We got the accident report yesterday. It was officially not my fault. The other guy's insurance situation is confusing, it says he is "self insured". Our agent doesn't even know what that means. She says she has never seen that before. My car repair is being covered by my "unisured motorist" policy and they are going after the other guy for reimbursement. I said I needed the seats replaced and she said she would make a note of it and send it to the head office and get back to me. Crossing my fingers! Thanks for all the replies.
 

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