What are the rules on car seat replacement?

amy919

New member
My husband was involved in a car accident tonight on his way home from work. He was on I95 where it merges onto Route 476, a very busy stretch of highway. He was going about 50 mph. Both seats were unoccupied, but the majority of damage and the major point of impact is on on the rear driver's side door, where Kaylie's CarGo is installed. Teagan's Scenera is installed on the passenger side. I will not use the CarGo since the damage is most severe on that area of the car, but what about the Scenera?

Does anyone have any information on how car seat replacement works? He already notified the insurance company about it.

Regardless of what they say, I'll be replacing the CarGo for my own peace of mind, but what about the Scenera? For $40, I'm thinking I should just replace it to be on the safe side.

What would you do?

Amy
 
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Jewels

Senior Community Member
Hope he is ok!

All carseats in the vehicle should be replaced. The Graco and Cosco manuals will say to replace the seat after any accident. I think it is only Britax that has a outline of when it is still safe to use the seat after an accident but Graco and Cosco do not.

You should be able to go through insurance, contact them first and see what they say. Who's fault was it?
 

supercrunch

New member
I believe it usually depends on who is at fault.

If your dh is not at fault...you can usually get the other insurance company to pay for the seats.

If your dh is at fault...you can inquire with your insurance company, but they usually won't cover car seats from what I've heard.


If I were you, I would replace both of them...just to be safe. I would always wonder if I didn't.
 

SusanMae

Senior Community Member
Both Graco and Cosco say that you must replace the seat after ANY accident, no matter how minor.

If the insurance company gives you beef...ask for a notorized letter on company letterhead stating they will accept any and all liability if your children were to be injured while riding in those seats irreguardless of them being in accidents prior and going against the manufacturers recs.

Susan
 

amy919

New member
If the insurance company gives you beef...ask for a notorized letter on company letterhead stating they will accept any and all liability if your children were to be injured while riding in those seats irreguardless of them being in accidents prior and going against the manufacturers recs.

I'll definitely be using that quote if I run into any trouble!

It was totally and completely the other driver's fault. He called his insurance company at the scene and told them exactly what happened, then they asked to speak to DH and he recounted the exact same thing. The other driver realized he was in the wrong lane to merge and crossed over into DH's lane and plowed into him. Luckily, no one was hurt and DH was wearing his seatbelt. It was the first question Kaylie asked him when he got home.

The other guy's insurance called here about 20 minutes after Matt called to tell me he was in an accident. He wasn't even home yet. So at least they're responsive. I'm just glad Matt called me before they did!

Amy
 

oxeye

New member
I'd definitely replace both seats and it sounds like the guy's insurance company won't give you problems with it.

I'm glad your DH is okay!
 

amy919

New member
Will I have to buy the same seats or can I use the money to buy whatever seats I want?

If I get to buy new (different) seats, I'll be opening up a whole new can of worms!

Amy
 

skaterbabs

Well-known member
Most companies will say replace like seat with like seat, but occasionally they'll just say replace the seat and fax the reciept.

If those aren't your only seats, you can do like I did when I replaced my Roundabout a couple of years ago. I bought a new RA at BRU, gave the insurance company a copy of the receipt, and then returned the RA and applied the cost of the RA (reimbursed by the insurance company) to a Marathon online, just paying the difference between the two out of pocket.
 

CandCfam

New member
Will I have to buy the same seats or can I use the money to buy whatever seats I want?

If I get to buy new (different) seats, I'll be opening up a whole new can of worms!

Amy

That will vary on how the other's person's insurance handles it. Just ask them how they handle it.
 
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Cindy&Connor

New member
A couple of months ago my mom was rear ended. The other driver had State Farm and they just said buy the replacement and fax the receipt. I replace my Evenflo Triumph with a Britax Regent. I guess it just depends on the company.
 

oxeye

New member
A couple of months ago my mom was rear ended. The other driver had State Farm and they just said buy the replacement and fax the receipt. I replace my Evenflo Triumph with a Britax Regent. I guess it just depends on the company.

Yeah, definitely depends on the company. My sister's car was rear-ended and so she had the Snugride replaced. The insurance company (Progressive) said it needed to be replaced with something comparable and they took possession of the crashed seat.
 

R&J'sMom

New member
I'm glad your DH is ok and that none of the kids were in the car with him.

I just had an accident a few weeks ago (wasn't my fault). I just faxed my original receipt for my 2 MA's and the insurance company cut me a check for the full amount. I found a killer deal online ($229) with free shipping & no tax for a pattern I liked better (All Star Blue) and actually saved $130! (plus I will get a $50 mail in rebate on one of the seats). So shop around before you buy your replacements.
 
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natysr

New member
We have Geico, and they just had me fax them the receipt for the new seat and reimbursed me, no questions asked. I replaced my Roundabout with a Marathon. They did not keep the crashed seat since in was not still in the car when the car was towed. We needed to use it in the ambulance and and taxi ride home.

I also think every state is different. On the Britax page where they talk about their carseat replacement program it says that in California, insurance companies are required by state law to replace the car seats.
 

amy919

New member
Yeah, definitely depends on the company. My sister's car was rear-ended and so she had the Snugride replaced. The insurance company (Progressive) said it needed to be replaced with something comparable and they took possession of the crashed seat.

The other guy has Progressive. I wonder if it will work the same way. I sure hope not. I'd like to replace Kaylie's CarGo with something else.

I guess we'll have to wait and see.

Thanks for all of your help and info!

Amy
 

luvmy2

New member
My BIL just totaled his van and their insurance company (State Farm) told them to bring the carseat in & they would inspect it. It passed inspection of course & they said they won't replace it. :eek:
I just emailed my MIL and told her *again* that the seat needs replaced.
 

skaterbabs

Well-known member
Tell him to ask for a notorized letter from the insurance company certifying the seat as safe to use against manufacturer's instructions to the contrary and stating that shoud the seat fail the insurance company is liable for all injuries, damages and legal issues that arise from using a seat against manufacturer's instructions.

And to not sign anything or cash any checks (this will basically close the case) until he gets that letter.
 

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