SIL involved in accident....insurance won't reimburse for car seats

NatenMaddiesMommy

Senior Community Member
I just had to share this story because I'm still a tad bit shocked:

My SIL was involved in a car accident awhile back in which she got sandwiched in between 2 trucks. Her car was totaled. Thankfully her kids weren't in the car, but her son's car seat was in the back seat. The insurance company said they wouldn't reimburse the car seat because it "wasn't damaged" although they never looked at the seat. So she's been using the car seat:eek:

I told her she should have called Evenflo (the manufacturer) because I'm sure they would have told her to replace it. I mean the car was TOTALED. They had to go get a brand new car.

I can't remember, but I know I've read it here on the boards somewhere. What are you supposed to say to the insurance company or ask for when they are hesitant to reimburse the cost of new car seats?
 
ADS

sb518

New member
just tell the insurance you want an authorized letter saying that they would not replace the seat so that if it's doesn't function correct in another accident they will be liable.
 

crunchierthanthou

New member
just tell the insurance you want an authorized letter saying that they would not replace the seat so that if it's doesn't function correct in another accident they will be liable.

that, and include NHTSA's criteria for replacement after a crash:

NHTSA recommends that child safety seats be replaced following a moderate or severe crash in order to ensure a continued high level of crash protection for child passengers.

NHTSA recommends that child safety seats do not automatically need to be replaced following a minor crash.

Minor crashes are those that meet ALL of the following criteria:

-The vehicle was able to be driven away from the crash site;

-The vehicle door nearest the safety seat was undamaged;

-There were no injuries to any of the vehicle occupants;

-The air bags (if present) did not deploy; AND

-There is no visible damage to the safety seat
 

UlrikeDG

Admin - CPS Technician Emeritus
I think all the major manufacturers (and maybe all of them period) have a standard letter they'll send you if you call them and ask them for "proof" that the seat needs to be replaced. Generally, that's all it takes.
 

Cindy&Connor

New member
My mil rolled her car over last week and her insurance is saying they won't replace her seat either. They said that it's not a permanent fixture. Dh of course said it is when I install it. lol Her company is Nationwide and I really didn't think it would be an issue. I'm going to have her call tomorrow and talk to them again but regardless ds will not be riding in that seat again. She already said she would go get it because it's fine. I'm going to tell her she has 3 options, fight the insurance company, not have a seat and not take the kids or buy a new seat with her money.
 

Wineaux

New member
The previous posters are correct. Get a letter from the seat manufacturer stating that the seat needs to be replaced. Fax that to her insurance company. If they still refuse to replace it, then force the insurance company to send you a letter saying that they won't replace the car seat, even at the behest of the car seat manufacturer who deemed the seat unsafe, acknowledging their liability in the case of future accidents. There is no way in hell that an insurance company will EVER do that, so they should cave pretty quickly on the seat replacement. If they refuse both, then get a lawyer. They will lose quickly with you having a letter from the seat manufacturer, along with the NHSTA guidelines listed above.
 

amy919

New member
I just went though this a few months ago. Progressive - the other guy's insurance company initially refused to replace the seats and have me some crap about how they didn't have to replaced since the seats weren't occupied. I contacted the manufacturers and they immediately provided me with a letter stating that the seats would need to be replaced and could not be used.

I called Progressive back, talked to the rep handling our case and it he tried to argue. Becky (Skaterbabs) actually had THE best verbiage, but I can't recall it exactly. I told the rep that I would be fine with them refusing to replace the seats provided that they would send me a notarized letter stating that they take full responsibility for medical bills and funeral expenses if my children are hurt or killed while riding in those seats (NOT that I would have ever used them, mind you). I received a call within the hour telling me that he would meet me at my office, pick up the car seats and hand me a check for replacing them.

In less than 90 minutes from the conversation, the seats were gone and I had a check in hand.
 

skaterbabs

Well-known member
Now if only I could remember what I said. LOL


basically, you want a notorized letter stating that the insurance company accepts liability for any damages in the event of the seat failing in another crash due to their refusal to replace the seat.
 

NatenMaddiesMommy

Senior Community Member
Thanks for all the replies. It has been very helpful. Since the crash happened almost 6 months ago, SIL is just going to destroy the seat and get a new one. I'm just glad my nephew will be safe in a new seat and that SIL and BIL now know what to do if they are ever faced with a similar situation.
 

Wineaux

New member
Thanks for all the replies. It has been very helpful. Since the crash happened almost 6 months ago, SIL is just going to destroy the seat and get a new one. I'm just glad my nephew will be safe in a new seat and that SIL and BIL now know what to do if they are ever faced with a similar situation.

It doesn't matter that the crash was 6-months ago. I would still contact the insurance company refusing to pay for the damaged seat and do what has been suggested above. Seriously, your insurance company HAS to pay to replace the seats. Make them do their job!
 

Cindy&Connor

New member
It doesn't matter that the crash was 6-months ago. I would still contact the insurance company refusing to pay for the damaged seat and do what has been suggested above. Seriously, your insurance company HAS to pay to replace the seats. Make them do their job!
Do they really HAVE to? Nationwide's reason for not paying to replace the seat isn't because they don't think it needs to be replaced. They keep saying it's not in the policy that they have to replace it. I would fight it if it were mine but since it's mil's she doesn't want to. I guess I shouldn't worry about it since I won't have to pay for it but it annoys me.
 

amy919

New member
Do they really HAVE to? Nationwide's reason for not paying to replace the seat isn't because they don't think it needs to be replaced. They keep saying it's not in the policy that they have to replace it. I would fight it if it were mine but since it's mil's she doesn't want to. I guess I shouldn't worry about it since I won't have to pay for it but it annoys me.

I understand your point about it not being your issue, per se. I guess I feel like I may SO much money for car insurance and when I pay for something, I expect something in return.

Quite frankly, Nationwide's opinion that the seats don't need to be replaced is total crap. They're an insurance company, not a car seat manufacturer. IMO - they have no right to an opinon on the subject. I got letters (instantly) from the manufacturers and the insurance company accepted them with no further argument. Both manufacturers insisted that the seats be replaced. Pretty hard to argue with that.

I really wish I remember exactly what Becky said - it was great. It was a bit harsh, but it certainly got the point across!
 

Cindy&Connor

New member
Sorry, maybe I said that wrong. They aren't saying it doesn't need to be replaced. They are basically saying it does but legally they don't have to pay for it. They are signing the papers for the check for her car today and she thinks it's all over after that. Is that not true? Can she still fight for the carseat?
 

amy919

New member
I fought pretty hard for mine. As soon as I asked for a letter from their legal department assuming all responsibility for any medical and funeral expenses in case of an accident, they cut me a check.

I imagine that all insurance companies are different though and maybe it also depends on whose insurance company is doling out the money. In our case, the accident was 100% the other driver's fault and his insurance paid for everything. Or maybe Progressive is just easier to deal with.

Good Luck!
 

griffinmom

Moderator - CPST Instructor
Insurance companies don't want to pay claims. It isn't good for them in terms of money. They will always try to tell you that something isn't covered. Their first line of defense is ALWAYS to say it (whatever it is) isn't covered. Insurance companies are counting on the idea that the policy holder will not argue with them.

If you start with that premise, you realize you will probably have to argue with them at some point to get something paid. In the case of car seats, getting a letter from the manufacturer is pretty convincing evidence that the car seat should be replaced.

Some insurance companies are more cooperative than others. I totalled my car with DS's Husky in it (DS wasn't in it). State Farm wrote me a check within hours to get a new one. Remember though that insurance is a state-regulated industry, so that what one insurance company does in one state does not mean the company with the same name in another state will do the same thing.

I'm not anti-insurance by any means. You just have to remember how they keep costs down as a business. It doesn't make them morally right, but you just have to be aware.
 

CandCfam

New member
Sorry, maybe I said that wrong. They aren't saying it doesn't need to be replaced. They are basically saying it does but legally they don't have to pay for it. They are signing the papers for the check for her car today and she thinks it's all over after that. Is that not true? Can she still fight for the carseat?

This is exactly what Progressive told me after DH flipped his Jeep with McKenzie's Parkway buckled in.
I kept on saying to them that 'child safety seats and boosters are not only LEGALLY required for a child to ride in the vehicle, they are also required for safety purposes, and the booster was installed in the vehicle that IS covered by the insurance we pay for, and the crash met all criteria for replacement of the booster as per the NHTSA. I stated that to them probably 6 times at least during this one phone conversation, and was ready to ask to speak to the person's supervisor, when she finally buckled and said they would replace it.

Technically in an at-fault situation, it is your homeowners insurance that would cover replacement, (except for in states like California where there is a law that auto insurance has to replace it), but I really dislike that that is how it is, and I fought it. It's ridiculous that the item that we rely on for our children's safety IN THE CAR, isn't covered by the CAR insurance - so I fought until they gave in.

When the accident was the fault of another driver, and they are insured, then their personal property coverage on their policy would cover replacement of the CSR or booster seat.
 

NatenMaddiesMommy

Senior Community Member

Thanks, but I think that's what the adjuster was using to argue that they didn't have to replace the seat. It says that by CA law they are required to replace the seat if it was in "in use" at the time of the crash...which it technically wasn't. But it's good info to have =)
 

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