Mercury insurance first said will pay for replacement carseat then changed mind

Hello, I'm in a bit of a headache with Mercury and was hoping for some advice. I was involved in a car accident where the other party side swiped me on the freeway when she went into my lane and dented both driver and back passenger doors where I couldnt even open the passenger door. the other party has Mercury, they approved for the damages on my car to be fixed and get a rental, when i got rental, I asked for a carseat and they said they do not get rental carseats but will pay for a new one and said they will cut a check, they cut a check for the model i told them but realized that i gave them the model of my son's infant carseat (chicco keyfit) rather than his toddler carseat (chicco nextfit) and when i brought it to their attention that I needed a toddler carseat to be replaced and not an infant because my son is 2 3/4 yrs old and wont fit in an infant one. the claims rep then proceed to say i have to talk to my supervisor and get back to me, when he returned my car, he said that they will not replace the carseat so i am upset that why did they agree previously only to back out when i said i needed a toddler carseat rather than the infant they were gonna pay for. mercury rep then proceed to said that because my child was not in the car and there is no damage to the carseat, they will not pay for it. but from what i've read online on forums and blogs, anytime a carseat is involved in an accident, insurance companies are require to replace the carseat regardless of how minor the accident was and mine wasn't minor since both doors were dented and one cant even open. i would like some advice as to what else i can do to get them to pay for the carseat since they initially agreed to pay for it. should i take them to small claims court? seek legal advice? thanks for any advice!

Try scanning and sending them the page in your manual that says to be replaced after any accident. Also was your sons car seat on the side that was damaged? If so I would also sent them NHTSA's Standards for accidents that require a seat to be replaced after anything more then a "minor" crash, and the side of the car seat being damaged is one of the criteria. You need to replace the car seat regardless because Chicco does not go by NHTSA standards, but it might help convince the insurance company. I would also call up and ask for a supervisor and politely but firmly tell them you are not comfortable going against the car seats manufacturers guidelines for reusing a life saving device after a car accident.

Just re read your thread, and I think you are in California? I think California actually has a law that requires insurance companies to replace car seats after an accident.

1mommy said:

Just re read your thread, and I think you are in California? I think California actually has a law that requires insurance companies to replace car seats after an accident.

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Yes. In California seats must be replaced if occupied or "damaged" (and the seat requiring replacement would be damaged.)

http://www.carseat.org/Legal/CVC-11580.011.htm

Yep, even without noticing your user name, the use of "freeway" and mention of Mercury (which in my mind, at least, is a California thing), I suspected you were in California.

If so, as others have mentioned, you have the law on your side. I had a terrible experience with Mercury agents (not related to a crash--just general administrative things). Hopefully you can get this straightened out.

Either way, I would encourage you to contact California's Insurance Commissioner if the company is trying to get around replacing.

citeeofangels said:

...from what i've read online on forums and blogs, anytime a carseat is involved in an accident, insurance companies are require to replace the carseat regardless of how minor the accident was

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To clarify what you posted, NO, that is not accurate.

Anytime a car seat is involved in an accident, if the accident does not meet the NHTSA criteria for re-use OR the manufacturer of the car seat requires replacement after any crash, then the seat must be replaced.

However, that does not mean the insurance company must pay to replace it.

Factors such as the state you're in (in this case being in CA is a plus for you), whether the accident was your fault or someone else's and what you're coverages are, etc. do factor in.

1mommy said:

Just re read your thread, and I think you are in California? I think California actually has a law that requires insurance companies to replace car seats after an accident.

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yes i am in CA, forgot to mention that. mercury backed out of reimbursing when i corrected them regarding paying me for an infant car seat rather than a toddler one since my son is 2.5 y.o. when i did that, the rep came back and said no we will not be paying for it when they initially agreed and even cut a check for the infant car seat. how can they say yes than just say no? i'm more upset about that than anything. anyway, when he said that, i asked for a letter stating that mercury insurance will take full responsibility for future failure of the carseat in subsequent crashes like many had suggested, however their letter did not exactly state that: all it says is this:

per our conversation, as the car seat in your vehicle was not occupied or damaged in the loss, we will not pay to replace your car seat.

CA dept of insurance code states:
11580.11 (a) as used in this section, "child passenger restraint system" means a system as described in section 27360 of the vehicle code.
(b) every policy of automobile liability insurance, as described in section 16054 of the vehicle code, shall provide liability coverage for replacement of a child passenger restraint system that was damaged or was in use by a child during an accident for which liability coverage under the policy is applicable due to the liability of an insured.

so basically they claiming that because my son wasn't in the carseat at the time of the carseat nor was the carseat damaged, the carseat does not qualify for reimbursement with them.

however i read that the carseat does not to be occupied at the time of the crash to nor is the carseat damaged because you sometimes cannot see visible damages that are internal? am i correct or did i not understand this correctly? I feel like they're pushing me around and i feel strongly to fight this especially since I dont understand why they agreed in the first place only then to back out when i told them the correct model, i'm thinking it's because it's more expensive? the keyfit is around $200 vs. the nextfit which is the one that needs replacing is almost double that.

any thoughts? thanks

LISmama810 said:

Yep, even without noticing your user name, the use of "freeway" and mention of Mercury (which in my mind, at least, is a California thing), I suspected you were in California.

If so, as others have mentioned, you have the law on your side. I had a terrible experience with Mercury agents (not related to a crash--just general administrative things). Hopefully you can get this straightened out.

Either way, I would encourage you to contact California's Insurance Commissioner if the company is trying to get around replacing.

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Has anyone have experience with CA insurance commissioner? will they do anything if I tell them that mercury is refusing to replace my carseat involved in a crash where their client is at fault? and that they initially agreed to pay for it then backed out? i read that Chicco says to replace the car seat no matter what when it is involved in a car accident, am i wrong? thanks

CTPDMom said:

To clarify what you posted, NO, that is not accurate.

Anytime a car seat is involved in an accident, if the accident does not meet the NHTSA criteria for re-use OR the manufacturer of the car seat requires replacement after any crash, then the seat must be replaced.

However, that does not mean the insurance company must pay to replace it.

Factors such as the state you're in (in this case being in CA is a plus for you), whether the accident was your fault or someone else's and what you're coverages are, etc. do factor in.

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So if I get Chicco to send a letter stating that the car seat must be replaced after any crash, then I might be able to pursue? I am in CA and I am not at fault because she side swiped me on the fwy and crashed into me.

That statute says insurance must replace if the seat is damaged or occupied. According to Chicco, since the seat was involved in a crash, it is damage and needs to be replaced. I would start with highlighting the part that says damaged or occupied and attach a screen shot of the Chicco manual stating the seat must be replaced after any crash and see what the company says.

Honestly, if nothing else, even if insurance doesn't want to pay, it was the other party's fault. They need to make you whole again and are responsible for your seat, whether through insurance or through small claims.


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Some car seat companies don't require replacing seats after ANY crash, and in cases like that (where the crash was minor enough not to require replacing and the seat was unoccupied), insurance companies in CA are probably justified in not replacing.

Since your seat DOES require replacing (according to the manufacturer), one could argue that insurance must replace it. The company considers it unusable, therefore you need a new one.

I would do a combination of what's been suggested. Give Mercury a copy of the part of the manual that deals with this. Get a letter from Chicco. Contact the insurance commissioner. (They do act, though not always quickly.)

Also, is this your insurance company or the other party's? If it's the other person's, I'd stop dealing with them, contact your insurance company, and let them handle it.

LISmama810 said:

Some car seat companies don't require replacing seats after ANY crash, and in cases like that (where the crash was minor enough not to require replacing and the seat was unoccupied), insurance companies in CA are probably justified in not replacing.

Since your seat DOES require replacing (according to the manufacturer), one could argue that insurance must replace it. The company considers it unusable, therefore you need a new one.

I would do a combination of what's been suggested. Give Mercury a copy of the part of the manual that deals with this. Get a letter from Chicco. Contact the insurance commissioner. (They do act, though not always quickly.)

Also, is this your insurance company or the other party's? If it's the other person's, I'd stop dealing with them, contact your insurance company, and let them handle it.

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LISmama810 said:

Some car seat companies don't require replacing seats after ANY crash, and in cases like that (where the crash was minor enough not to require replacing and the seat was unoccupied), insurance companies in CA are probably justified in not replacing.

Since your seat DOES require replacing (according to the manufacturer), one could argue that insurance must replace it. The company considers it unusable, therefore you need a new one.

I would do a combination of what's been suggested. Give Mercury a copy of the part of the manual that deals with this. Get a letter from Chicco. Contact the insurance commissioner. (They do act, though not always quickly.)

Also, is this your insurance company or the other party's? If it's the other person's, I'd stop dealing with them, contact your insurance company, and let them handle it.

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thanks everyone for your helpful advice and comments, i wasn't sure if i was on the right path in pursuing this since i was wasn't sure if it was a lost cause, i thought that the insurance co. was right when they quoted the CA vehicle code but after further research and reading everything, chicco does state that the carseats needs to be replaced after a crash. so i guess i will be doing all the suggested procedures in getting mercury to know that i am serious and will not back down without a fight.

if this was my insurance, i will definitely be switching afterwards seeing that that's how they treat their own clients but this is the other party's. i also did contact an attorney since i had a legal package through my benefits from work so he will be drafting a letter to have them see that i am serious about this and will not be bullied. we'll see if this also puts some more heat on them in combo with the manufacturer's letter and complaint with the CA insurance commissioner.

i guess last resort would be to take the them to small claims court, but will i be taking the insured party or the insurance company? my attorney did say taht it might not be worth the stress and time in recouping such a small compensation for the carseat, about $350-$400. anyone with thoughts on the small claims route?

i also read that i should send a letter to their corporate office? should i bother doing this since i feel like they will just back their own people up? thanks

citeeofangels said:

i also read that i should send a letter to their corporate office? should i bother doing this since i feel like they will just back their own people up? thanks

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I would cc the corporate office on the letter you send to the insurance commissioner.

With small claims you'd sue the person who hit you. I believe, though, that in order to do that, you'd need to not cash any checks or sign anything provided by the insurance company. Usually there's a clause in there that says that by accepting their settlement, you waive the right to sue their customer for anything else. A lawyer would know better about that, though. I do agree it might not be worth the hassle, but that's up to you.

Before you start worrying about that, though, start smaller. Show them the manual to show them that your seat is no longer usable. Usually just pursuing it at all is enough to get compensation, even in states that don't require insurance companies to replace seats.

citeeofangels said:

mercury backed out of reimbursing when i corrected them regarding paying me for an infant car seat rather than a toddler one since my son is 2.5 y.o. when i did that, the rep came back and said no we will not be paying for it when they initially agreed and even cut a check for the infant car seat.

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So you got payment from Mercury? What was the amount?

The payment from the insurance company doesn't specify what type of seat you have to buy.

AllieK said:

So you got payment from Mercury? What was the amount?

The payment from the insurance company doesn't specify what type of seat you have to buy.

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I never got a payment from Mercury, the claims rep initiately agreed to replace it and send out a check when I told him the model Keyfit and he said it's about $200 and will cut a check, I mixed it up and called him back saying that my carseat is a Nextfit because the Keyfit is an infant carseat, the one i need to replace is the nextfit (my son is 2-3 y.o., he wont fit in an infant one) which is almost double that amount, when he called me back the next day, he said he needed to talk to his supervisor, got back to me and said no we will not be replacing your carseat anymore because my child was not in the carseat and it was not damaged despite me telling him that Chicco says to replace the carseat in any type of crash. Obviously they stopped payment on the initiate $200 they were going to foot, the supervisor probably saw that he jumped the gun or saw the cost and told him to come back and say no.

Did you ever get this resolved? I'm in the same situation where Mercury told us to purchase an new carseat and they will cut us a check. They are now refusing to pay for the damaged car seat because my son was not in it at the time. I'm looking at contacting an attorney as well.

Unregistered said:

Did you ever get this resolved? I'm in the same situation where Mercury told us to purchase an new carseat and they will cut us a check. They are now refusing to pay for the damaged car seat because my son was not in it at the time. I'm looking at contacting an attorney as well.

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If you contact SafetyBeltSafe, U.S.A., we do have a letter we can send you that may help. (www.carseat.org)

Did either of you get Mercury to replace the car seat? I'm in the same boat, they told us yes at first and now are saying no because it was not occupied. We're still going back band forth and wonder if anyone had any success stories or tips.

Any luck with this? I'm in the same position currently... They will not pay because my kids werent in the seat and there's no physical damage..