State Farm won't replace car seat

[chewienug]

I was recently in a minor wreck. I drive a 2013 Honda Fit. The person who hit me drove an SUV. She hit us as she was coming straight across the two lanes and never stopped in the center lane. The back driver door and tire area took all the impact.
My son's car seat was on that side and will be replaced as it meets the requirements of the NHTSA, which is what State farm says they follow. I am unable to find any policies from State Farm regarding car seats and collisions. Graco sent me an email stating that they do not recommend using the seat after any type of accident. I thought we were suppose to always adhere to the car seat company's manual and guidelines, as every car seat manufacture have different rules based on the testing.
However, my daughters Graco MyRide will not be replaced by the insurance company, which upsets me as I do not have money to replace a 160 dseat at this moment nor was I at fault. The woman was not paying attention, came across traffic and the middle turning lane, and struck my car directly on my child.

My question is how do I "fight" State Farm and get them to pay for both seats to be replaced? I understand the NHTSA's guidlelines, but I don't agree that seat can be used as again, as Graco states to not use the seat anymore. Despite the testing they have done, car seats are made to be involved in one crash, not mutiple. There is no way to tell what kind of damage is done to the plastic. I tried to explain this to the representative, but he kept repeating the NHTSA minor crash guidelines, despite the fact that Graco says to replace the seat. I asked to speak to someone else about the issue, but missed the call. i am going to call back in the morning.

Does anyone have any other advice?

Thank you!



ETA:

I am still trying to get them to reimburse the other seat. I sent a long old email, so hopfully that helps. the agent I talked to today told me to send in the recepit for the car seat they are most def replacing and to send the info from graco for my daughters seat. She said they will review it, and see what they will do! I will keep bugging them until they reimburse the seat, lol.

 

[happiness-and-balance]

Short reply and bumping your thread for other answers, but ask the agent for a letter on *company letterhead* stating that they assume any and all responsibility for the car seat being used against the manufacturers replacement guidelines, and are responsible and liable should the seat fail. Offer to send in the excerpt from the manual saying the seat MUST be replaced (we can find that for you if you need it). They will not give you that letter, and will likely jump right to being helpful in replacing your seat.

ETA: Also, way to go in standing your ground on the issue and not giving up It is your child's safety and you have every reason to fight their decision which goes against given safety guidelines. Stick around and get to know us all! You'll fit in just fine

 

[Minnesota]

H&B took the words right out of my mouth! I agree that it usually just requires a bit of persistence on your part to get them to replace. They can't expect you to reuse that seat against manufacturer's guidelines, and they will replace it if you put a little (polite) pressure on them. I wouldn't have my child ride in a seat that was involved in the crash you are describing.

 

[wavegal]

I am guessing since your said the drivers side/tire area took most of the impact the car was towed from the scene? If so I would point that out as a NHTSA guideline of replacement for seats in the car, not just by point of impact. I would also keep going up to the next in authority with state farm, also print out the email from Graco, copy the page in the manual stating to replace after any accident and give it to them

 

[trippsmom]

Short reply and bumping your thread for other answers, but ask the agent for a letter on *company letterhead* stating that they assume any and all responsibility for the car seat being used against the manufacturers replacement guidelines, and are responsible and liable should the seat fail. Offer to send in the excerpt from the manual saying the seat MUST be replaced (we can find that for you if you need it). They will not give you that letter, and will likely jump right to being helpful in replacing your seat.

ETA: Also, way to go in standing your ground on the issue and not giving up It is your child's safety and you have every reason to fight their decision which goes against given safety guidelines. Stick around and get to know us all! You'll fit in just fine

This. I did and I had a check next day air.

 

[lanwenyi]

Whatever you do, do NOT sign the settlement agreement until they agree to replace the seat.

That's what we did when AAA insurance refused to replace our seat. We'd agreed to the terms on everything else, but refused to sign until the seat was replaced. We showed them where the manual required it to be replaced. We were not at fault, their insured was, and we repeatedly refused to sign any settlement unless replacement of the seat was included. The insurance adjuster was smart. The cost of litigation for the insurance company (which would end up with them paying more in "pain/suffering etc, b/c any lawyer we hired would go after them for more there plus our lawyer fees and court costs and since their insured was clearly at fault, they would lose any lawsuit) would be much higher than our $300 carseat. They covered the seat.

Stick to your resolve and refuse to sign the settlement until the seat is covered. They'll cover it. They'd rather pay $160 than go through a lawsuit as long as fault is clearly established .

 

[chewienug]

I am guessing since your said the drivers side/tire area took most of the impact the car was towed from the scene? If so I would point that out as a NHTSA guideline of replacement for seats in the car, not just by point of impact. I would also keep going up to the next in authority with state farm, also print out the email from Graco, copy the page in the manual stating to replace after any accident and give it to them

The car was not towed away from the scene. However, the lady who works at the body shop was kind of rude to me for not having the car towed from the scene, since the tire was hit straight on. I had the car towed from my house to the body repair shop, as the woman told me after the incident that anytime a tire is hit with that much impact, the car should be towed.I was also afraid of getting hit again and not having the same protection from the door being smashed in. I will also use that information when I speak to the insurance rep on Monday. I have the receipt for one of the car seats, but am trying to locate the other receipt. We don't need new seats as we have two extras from my husband's car, so I would like to get my money back on the two in the car, since I have to trash them now.

 

[chewienug]

Whatever you do, do NOT sign the settlement agreement until they agree to replace the seat.

That's what we did when AAA insurance refused to replace our seat. We'd agreed to the terms on everything else, but refused to sign until the seat was replaced. We showed them where the manual required it to be replaced. We were not at fault, their insured was, and we repeatedly refused to sign any settlement unless replacement of the seat was included. The insurance adjuster was smart. The cost of litigation for the insurance company (which would end up with them paying more in "pain/suffering etc, b/c any lawyer we hired would go after them for more there plus our lawyer fees and court costs and since their insured was clearly at fault, they would lose any lawsuit) would be much higher than our $300 carseat. They covered the seat.



Stick to your resolve and refuse to sign the settlement until the seat is covered. They'll cover it. They'd rather pay $160 than go through a lawsuit as long as fault is clearly established .

I have not signed anything from the insurance company. The only thing i have agreed over the phone to is the rental car and getting my car repaired at a local shop. I am still fighting them to replace my daughter's car. The insurance adjuster has not even contacted me yet. I have only talked to different agents on the phone.

 

[happiness-and-balance]

The process can be lengthy depending on which company you and the other driver are with, along with the agents involved. Keep standing your ground and don't give up. Keep us posted, too, if you can!

 

[tiggercat]

The car was not towed away from the scene. However, the lady who works at the body shop was kind of rude to me for not having the car towed from the scene, since the tire was hit straight on. I had the car towed from my house to the body repair shop, as the woman told me after the incident that anytime a tire is hit with that much impact, the car should be towed.I was also afraid of getting hit again and not having the same protection from the door being smashed in. I will also use that information when I speak to the insurance rep on Monday. I have the receipt for one of the car seats, but am trying to locate the other receipt. We don't need new seats as we have two extras from my husband's car, so I would like to get my money back on the two in the car, since I have to trash them now.

Nevermind, misread the original post.

Sent from my iPod touch using Car-Seat.Org

 

[Jeni]

I was recently in a minor wreck. I drive a 2013 Honda Fit. The person who hit me drove an SUV. She hit us as she was coming straight across the two lanes and never stopped in the center lane. The back driver door and tire area took all the impact.
My son's car seat was on that side and will be replaced as it meets the requirements of the NHTSA, which is what State farm says they follow. I am unable to find any policies from State Farm regarding car seats and collisions. Graco sent me an email stating that they do not recommend using the seat after any type of accident. I thought we were suppose to always adhere to the car seat company's manual and guidelines, as every car seat manufacture have different rules based on the testing.
However, my daughters Graco MyRide will not be replaced by the insurance company, which upsets me as I do not have money to replace a 160 dseat at this moment nor was I at fault. The woman was not paying attention, came across traffic and the middle turning lane, and struck my car directly on my child.

My question is how do I "fight" State Farm and get them to pay for both seats to be replaced? I understand the NHTSA's guidlelines, but I don't agree that seat can be used as again, as Graco states to not use the seat anymore. Despite the testing they have done, car seats are made to be involved in one crash, not mutiple. There is no way to tell what kind of damage is done to the plastic. I tried to explain this to the representative, but he kept repeating the NHTSA minor crash guidelines, despite the fact that Graco says to replace the seat. I asked to speak to someone else about the issue, but missed the call. i am going to call back in the morning.

Does anyone have any other advice?

Thank you!



ETA:

I am still trying to get them to reimburse the other seat. I sent a long old email, so hopfully that helps. the agent I talked to today told me to send in the recepit for the car seat they are most def replacing and to send the info from graco for my daughters seat. She said they will review it, and see what they will do! I will keep bugging them until they reimburse the seat, lol.

Im going through this now. any luck?

 

[ketchupqueen]

This thread is 7 years old

The most likely to work tactics IME are to use the phrase "you need to make whole my losses", show the replacement requirements in the manual, and escalate to a supervisor if necessary.