Replacing Seats

scoutingbear · Aug 18, 2008

After many e-mails, phone calls, and such back and forth to our insurance adjuster, they WILL NOT replace the car seats after dh's accident (very minor...you have to look really hard to see the scratches on the bumper) because the kids were not in the car and CA law states the ins. only has to replace if the seats were in use.

I got a letter from Graco stating their policy (we had 2 brand new GN's in the car, the kids were not in the car). I have sent them the relevant pages of the manual.

Now what? Right now we have A in his turbo booster in that car (eeeks! He is so NOT ready to be in it full time) and C in the Chase. I CAN NOT afford to replace the nauti's.

Any suggestions? I don't want to go for any other seat, don't want to compromise the kids, but I'm feeling like, especially for A, the GN is gotta be better than telling him to sit still every 2 seconds!

wendytthomas · Aug 18, 2008

Did you ask a supervisor there for letters stating they accept all liability for any future injuries because your kids used the seats? That may get them to cough up $300 for a couple of Nautiluses.

Wendy

thepeach80 · Aug 18, 2008

At least people called you back.

I called a week ago to fight about mine and no call yet. DH is calling today. I have already asked for it in writing that if they will not replace the seats, that they take full responsibility for anything that happens. I also have mentioned that if the seats aren't replaced, I've lost all power to sue the manufacturer if the seat does fail in the future b/c they're going to tell me I should've replaced them. Unfortunately, if the law says they only have to replace them if occupied, you might be SOL. Are you having any work done on the car to repair anything? Our bumper was hurt and we're getting it replaced so it was hard enough to cause some damage. Do you have a copy of CA law?

scoutingbear · Aug 18, 2008

I am waiting for dh to get home to make the call about the seats. The e-mail the adjuster sent us included the copy of the law so I don't think they are going to budge, but again, when dh gets home he can make the call to ask for it in writing for our insurance company to be held liable. Here is the first response we received.

I received the manual, unfortunately, I still cannot honor the reimbursement for your child car seats. I mailed you the Sections of the vehicle code.

“SB 363 (Jan 2000) amended Section 16054 of the Vehicle Code and added Section 11580.011 to the Insurance Code. Effective January 1,2003, AB 1902 amended Section 11580.011 of the Insurance Code.”

“The law requires that upon filing of a claim, automobile insurance companies must inquire whether a child passenger restraint system was in use when a vehicle was involved in an accident and to cover replacement of a child restraint system if it was in use. It applies to first and third party coverage whether or not the seat was actually damaged. “

I hope this answers your question. We can only honor the State law, not Graco’s policy. Please email or call me if you have any other questions and let me know what else I can do for you or if you have any other concerns about the child car seats.

SusanMae · Aug 18, 2008

Don't sign anything!!! Go after that letter saying they accept liablity.

Susan

jewlsvern · Aug 18, 2008

So under that law your seat could be in pieces and because it wasn't occupied they are not going to replace it. That's ridiculous. Keep arguing. There's got to be a loophole somewhere. Your seat was in use because it was in the car. There could be damage. It doesn't have to be occupied to be damaged. Things that belong in a car should be replaced.

NannyMom · Aug 18, 2008

The law does not say the carseat had to be occupied. It said it had to be in use. Isn't it buckled/LATCHED into the vehicle? DOesn't that mean it's in use? It's not like it was just sitting there, or brand new in the box..... Maybe contact a lawyer see if there's anyway around it?

lorinick · Aug 18, 2008

NannyMom said:
The law does not say the carseat had to be occupied. It said it had to be in use. Isn't it buckled/LATCHED into the vehicle? DOesn't that mean it's in use? It's not like it was just sitting there, or brand new in the box..... Maybe contact a lawyer see if there's anyway around it?

If your going to hire a laywer it would be cheapier to just buy new seats.

northernmommy · Aug 18, 2008

NannyMom said:
The law does not say the carseat had to be occupied. It said it had to be in use. Isn't it buckled/LATCHED into the vehicle? DOesn't that mean it's in use? It's not like it was just sitting there, or brand new in the box..... Maybe contact a lawyer see if there's anyway around it?

That was my first thought too...if it was installed in your vehicle, technically it was in use, whether it was occupied or not....but yah, a lawyer would definately cost more than new seats!

Replacing Seats

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