Need Some Documentation

dhardawa

Active member
I'm fighting with the insurance company right now around paying for a crashed car seat. It was in my dad's van when he hit a deer. There is significant damage to the vehicle and it is a non-Britax seat where the manufacturer recommends replacement after any crash. The Indiana law has a correct usage clause saying seats must be used according to the manufacturer's recommendations as well. The insurance company is quoting the NHTSA recommendations and saying they go by that unless state law differs. In my opinion, the Indiana correct usage clause and the manufacturer recommending replacement after any crash would qualify. But, is there anywhere official where I can get a blurb stating that the manufacturer recommendation trumps general guidelines and that the manufacturer knows its seats better than anyone?
 
ADS

jdchic3

New member
I would call or email and ask the manufacturer for a written statement on what their policy is about replacing crashed restraints. If the insurance company still won't replace them then ask them for a written statement accepting all liability for the performance of the crashed restraints in another crash. They should replace them for you! ;)
 

dhardawa

Active member
I have the manufacturer's replacement recommendation already. It is on the website. I just need something stating that that carries more weight than the NHTSA recommendation. (By the way, I HATE HATE HATE NHTSA for that stupid recommendation that goes against almost every manufacturer recommendation.)
 

jdchic3

New member
I don't have any links, maybe someone else does. Although manufacturer trumps NHTSA IMO. You should print a copy of the proper use clause as well. Generally speaking asking them to accept liability does the trick though, at least from what I've heard.
 

amy919

New member
When DH was in an accident, the driver at fault's insurance company initially gave me a hard time about replacing the seats. I e-mailed the manufactuer (Graco) and they e-mailed me letter stating that the seat needed to be destroyed immediately and that it was no longer safe. They also put in the letter the model number and the MSRP of the seat (which was more than I paid). The insurance company still gave me a bit of grief about it until I asked them to send me documentation that they would accept any all responsibility for medical bills and/or funeral expenses in the event that my child was injured or killed in an accident while riding in the seat that they felt didn't need to be replaced. I had a check that same day :).

Good luck!
 

CTPDMom

Ambassador - CPS Technician
I'd encourage you to get an actual letter from the manufacturer rather than just using the info on their website. And I'd concur with everyone else that if that letter doesn't work for the insurance company then I'd ask the insurer to give you a letter accepting all responsibility for any future failure of the seat. (At which point they'll replace your seats most likely since you're never gonna get a letter like that from an insurance company! LOL) :eek:
 

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