What to do when insurance won't replace?

k2bdeutmeyer

New member
We were in a minor accident recently. My 15yr old t-boned a pickup truck in our van. She was just pulling out from a dead stop though, so it wasn't that bad. Car was drivable and meets all the NHTSA guidelines for a minor accident. Therefore, according to my user manual, my Britax does not need to be replaced (correct?).

My Chicco manual, however, states that it must be replaced after being in any accident. My insurance company follows NHTSA guidelines and does not want to replace it. So....is there any way to force the issue? Anybody have anything that has worked for them in the past? I really don't have the funds to replace it on my own. GAH!
 
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Baylor

New member
We were in a minor accident recently. My 15yr old t-boned a pickup truck in our van. She was just pulling out from a dead stop though, so it wasn't that bad. Car was drivable and meets all the NHTSA guidelines for a minor accident. Therefore, according to my user manual, my Britax does not need to be replaced (correct?).

My Chicco manual, however, states that it must be replaced after being in any accident. My insurance company follows NHTSA guidelines and does not want to replace it. So....is there any way to force the issue? Anybody have anything that has worked for them in the past? I really don't have the funds to replace it on my own. GAH!

If it has to be replaced according to the Manual it has to be replaced. I would just get a cheaper seat for now and save up for the more expensive on later.
 

LISmama810

Admin - CPS Technician
You can try showing the insurance company the manual, and can maybe get a letter from Chicco. Other than that, though, you might be out of luck.

What state are you in, and was the seat occupied at the time? A couple states mandate replacement, but insurance companies sometimes play dumb.
 

SNAmama

New member
Which insurance company? I just had to deal with 2 separate seat replacements (2 different accidents and 3 insurance companies) and they were surprisingly willing to replace seats and easy to deal with.

some tips/ideas:

1) show them the manual statement regarding replacement after any incident

2) ask them if they can guarantee you that your seat is safe to use and know they'll be held liable if it did not perform properly in any subsequent accident (they can't and won't)

3) ask to speak to a supervisor or call back and speak to a different claims adjuster (usually when you call an adjusters direct line they go straight to voicemail and the recording says to leave a message or for immediate assistance press zero or something similar) and see if they can help.

4) it's worth mentioning the britax seat as well -- if you wanted to replace it.

(I've had positive experiences with Amica, Allstate, and Liberty Mutual)
 

AllieK

New member
File an appeal with the insurance company. In my state (CA) the appeals process is run/mediated by the State Insurance Commissioner.

Also, like LISmama810 said, depending on the state you are in the insurance company might be legally obligated to replace the seats (CA is one of those states).
 

ketchupqueen

CPST and ketchup snob
Staff member
If you are in an at-fault state and were not at fault, they are required to make whole your losses, period. Don't sign paperwork until they do and use that language.
 

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