Insurance Refusing to Replace Unoccupied Seats After Crash

cat mommy · Nov 9, 2011

I'm running into some problems cause the seats were unoccupied. Can someone point me in the right direction about why this doesn't make a difference. Thank you.

Brianna · Nov 9, 2011

http://www.car-seat.org/showthread.php?t=9575

StillThankful · Nov 9, 2011

This really irritates me with the inconsistency of how insurance companies replace carseats. Someone on here had her insurance company replace 3 unoccupied carseats with no questions asked when her parked car was hit it in the front corner (as far as you can get from the carseats) damaging the bumper and headlight--no airbags deployed, could still be driven, etc.... http://www.car-seat.org/showthread.php?t=160678&highlight=insurance+parked

Then I see other mamas out here begging for their insurance companies to replace the carseat. It just isn't fair and causes unnecessary stress. Just my two cents.

carseatcoach · Nov 9, 2011

Insurance companies are inconsistent because policies are written differently and coverage may be different. It may or may not be "fair", but for people for whom carseat replacement is crucial (I usually have two $13.50 backless boosters in my vehicle -- carseat replacement is NOT something I consider when shopping for a policy), the time to find out what will be covered is before the crash. Read your policy, email your agent, get it settled.

The question is not whether the seats need to be replaced (they do), but whether the policy in question covers carseat replacement and under what circumstances.

crunchierthanthou · Nov 9, 2011

What state are you in? California law requires any occupied seat to be replaced. Unfortunately, many insurance companies have made polices of the inverse- stating no unoccupied seat will be replaced, regardless of manufacturer policy. I ran into it in Utah when dealing with a company based in CA.

kae · Nov 9, 2011

My insurance company refused to. I called evenflo and they emailed me a letter right away to print off and take to my insurance company. They still called Evenflo to confirm. The next day they brought me a check for a new seat in exchange for the one that was in the accident.

soccer_widow · Nov 9, 2011

The CA code recently changed to cover unoccupied seats.

LISmama810 · Nov 9, 2011

soccer_widow said:
The CA code recently changed to cover unoccupied seats.

Do you have a link to that? (Not doubting, I just hadn't heard that.)

cat mommy · Nov 9, 2011

Thanks for the info!

It's actually not my policy.....the other driver is totally at fault, so his insurance needs to replace all of my damaged property, whether it be a car seat, a cd player or whatever.

CrazyBoysMamma · Nov 9, 2011

I'm having the same issue. DH was rearended over a year ago while stopped at a red light and so far farmers has reimbursed me for one of my 3 seats. I'm still fighting them on multiple issues though. They even tried saying they weren't responsible, DH was at fault, even though the other driver admitted she was digging through her purse and didn't even hit the breaks.

catbulo · Nov 10, 2011

Hi, I just went through the exact same thing- an unoccupied carseat. I had to get stern with them, but I won.

I got the replacement requirement info from the manufacturer and from the NHTSA and sent it to the insurance. Then I told them that if they refused to replace it, then I would require a letter stating that they would accept responsibility for any failure of the carseat to perform during a subsequent crash.

Needless to say, I got passed from the claims adjuster to the claims adjuster's supervisor, and I think they finally gave in just to get me out of their hair.

If you are filing through the other person's (the at-fault's) insurance, they should definitely replace it, because they are required to "make you whole" after an accident. If you are filing through your insurance, then they are going to send the whole bill to the at-fault's insurance anyway (it's called subrogation), so they should not have a problem covering it, because they're going to get their money in the end.

If you need any more help let me know. I got hit on 10/15 and finally got reimbursement the week after.

Insurance Refusing to Replace Unoccupied Seats After Crash

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