Question Minor Accident

[Unregistered]

We live in California and we were in a minor fender bender. No injuries and just damage to my bumper but our insurance only covers the cost of replacing a child seat if the manufacture recommends it. My son's car seat is a Britax Pavilion and they refer to the National Highway Safety standards and indicate that it does not need to be replaced in a minor crash.

However, California law states that insurance has to cover it if a child was in the seat at the time of the incident, which he was.

http://www.dmv.ca.gov/pubs/vctop/appndxa/insurance/ins11580_011.htm

How can my insurance deny coverage based on the manufacture's recommendation when CA state law states otherwise?

Also, shouldn't they go after the insurance of the person who hit me?

 

[jess71903]

I would think yes on both counts, but I don't know California law. I know we have some Cali members here so maybe someone can help. Maybe print the law out and present it to the insurance company.

 

[cantabdad]

How can my insurance deny coverage based on the manufacture's recommendation when CA state law states otherwise?

Insurance companies attempt stuff like this all the time, either out of incompetence/misunderstanding or a deliberate attempt to pad their profits by denying claims. You will have to push back. I'm not from CA but the law you cited seems pretty clear. The state Dept. of Insurance might be your next step if you can't get this resolved.

And yes, they will ultimately go after the other driver's insurance, if he/she was at fault and can be identified... But generally speaking that shouldn't directly affect you.