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  1. #1
    Registered User
    Join Date
    Apr 2011
    Location
    Erlanger, KY
    Posts
    4

    Trying to understand if I need to replace carseats after a minor accident

    I was in a minor accident yesterday with my children. I'm trying to figure out if I need to replace carseats or not, and what policies actually are on this. So, the specifics are:

    I drive a 2008 Honda Odyssey. I was driving. My 16 year old was in the passenger seat. The center row driver's side has my 2 year old, rear facing, in a Diono Radian. Center row passenger has my 10 year old in a Graco backless booster. The back row driver's side is my 7 year old in a Graco My Ride 65, 5 point harness. Back row center seat is my 12 year old in a shoulder belt. Back row passenger seat is my 5 year old in a Diono Radian 5 point harness.

    We were stopped at a stop light in the straight through lane. The car in the turn lane beside us was also either stopped or stopping for the stop light when the driver decided to get into the straight through lane. He forgot to check to see if anyone was there first, and hit right about his passenger mirror between my front driver's tire and the bumper. He stopped, waited a moment, then continued moving forward and dragged the entire side of his car across the same spot on my van.

    1. We drove the van away from the accident. It is completely drive-able.

    2. There is no damage to any doors.

    3. No air bags deployed.

    4. I don't think there is any visible damage to any of the seats.

    5. My 12 year old has minor injuries. I saw that he was going to hit us and I exclaimed something. I think that she heard me and started to lean forward to see what was going on. The seatbelt grabbed her right shoulder, and her left shoulder struck the Graco carseat to her left. There are no major injuries, but she has some back pain that was bad enough to go to urgent care and the chiropractor for today.

    My insurance company has offered to pay for the carseats at a prorated rate (even though the other driver was completely at fault and has admitted so in the police report). They are going to discount 3 years off my seats even though they are only 2.5 years old. And the adjuster offered that some people take the payout but keep using the seats and use the money for something else. All of this seems fishy to me. I've had a few people tell me that legally they have to pay to replace the seats, not the discounted rate, but I'm not able to find anything documenting that. So, I'm completely at a loss as to whether any or all of these seats need to be replaced and how much I should be fighting with my insurance company.

    Thank you!!!

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  3. #2
    Moderator - CPS Technician
    Join Date
    Mar 2010
    Location
    upstate NY
    Posts
    3,882

    Re: Trying to understand if I need to replace carseats after a minor accident

    Due to the injury, this is not a minor accident and so all manufacturers recommend replacement. In Kentucky, it is not required by law that insurance companies pay for replacements. That being said, since the other driver is taking full responsibility, his insurance *should* pay for replacements. Personally I would fight it. You had some expensive seats in there and they can’t be replaced by 3 year old seats.
    Cutie #1 (11 years) 5-stepping
    Cutie #2 (9 years) riding in a Recaro Probooster

    Cutie #3 (6 years) riding in a Chicco KidFit
    Cutie #4 (4 years) riding in a Frontier
    Cutie #5 (1 year) riding in a Nuna Rava

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  5. #3
    Registered User
    Join Date
    Apr 2011
    Location
    Erlanger, KY
    Posts
    4

    Re: Trying to understand if I need to replace carseats after a minor accident

    Thank you! Now to find the seats to replace them.

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