# ***UPDATE***Carseat help!! NYS law about replacing carseat in accident



## Emma's_Mommy (Apr 28, 2006)

updated in post 6








:







: Ok ladies (and guys) i need your help. Both hubby and i were in accidents over the last month (neither were our falt, just bad luck i guess) and the insurance company is giving me grief about replacing the carseat on one claim b/c my DD was not in the car at the time of the accident.

I KNOW it is NYS law that insurance has to pay the full replacement value.....i just need some proof to back it up

can someone send me a link to something i can print out and fax to or e-mail to the insurance company if they don't pay to replace the seat....

Thanks


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## boscopup (Jul 15, 2005)

If no one here gives you the info you need, you might check over at car-seat.org, as those folks would certainly be able to help you out.


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## ThreeBeans (Dec 2, 2006)

Tell them that you want a signed and certified letter from them stating that the seat is perfectly safe despite having been in an accident, and assuming any and all criminal and civil liability if your child is hurt in an accident in that seat. That should get them to cough up the cash


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## Emma's_Mommy (Apr 28, 2006)

hmm looks like i'll have to do some digging myself.....i thought that someone may have the link handy but i guess not....

threebeans i may just do that if i have to!


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## AEZMama (Jul 24, 2005)

http://www.co.clinton.ny.us/departme...safety_faq.pdf Read #7.


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## Emma's_Mommy (Apr 28, 2006)

***UPDATE**** State farm is being total UA's about replacing the carseat so i have to return the brand new seat and put her in the unsafe one that was in my car in the crash because i can't afford the cost of the new one...

please dont flame me this is breaking my heart and i've been in tears about this all morning, and im still crying about this now.....


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## ThreeBeans (Dec 2, 2006)

What CAN you afford?


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## alegna (Jan 14, 2003)

I would try to get them to sign something saying that they refuse to replace it (and will be held accountable for any injury due to carseat failure...)










-Angela


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## Emma's_Mommy (Apr 28, 2006)

Quote:


Originally Posted by *ThreeBeans* 
What CAN you afford?

i can't afford anything.....as it is im not sure when i will be able to buy groceries again









Quote:


Originally Posted by *alegna* 
I would try to get them to sign something saying that they refuse to replace it (and will be held accountable for any injury due to carseat failure...)

yeah i tried that....and the claims lady said she would do no such thing and that it was my choice to replace the seat or not but that they would not pay to replace it because it "should be fine".....thats when i screamed at her and hung up the phone....and i have been crying ever since


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## spedteacher30 (Nov 20, 2005)

i would ask to speak to *her* supervisor.

we just got our britax boulevard (a 300 dollar seat) replaced by an insurance company, even though britax didn't require replacement since the accident was not severe enough.

Just keep moving up the chain of command. Eventually, you will talk to a claims adjustor who has children of their own--which is what got us a new seat. the adjustor was the mother of a toddler, and said, "I wouldn't want to keep using that seat, so I won't make you do it either!"

ETA: if you have a seat other than a Britax, I think they all recommend replacement. Maybe faxing the owner's manual to the person above the adjustor will give them an incentive to do the right thing!


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## dachshundqueen (Dec 17, 2004)

IF you have the manufacturer's book for the seat, shouldn't it have something about replacing a seat in the event of any accident?

Do not accept a settlement until you get this resolved. Sign nothing.

You can contact the insurance commissioner in your state and ask them the guidelines for bad faith claims handling - or contact your personal insurance company/agent and ask them how they handle car seats in accidents.

State Farm is not known in the insurance business for their gracious claim handling. This may seriously be an uphill battle.

Liz


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## ThreeBeans (Dec 2, 2006)

Call back and demand to speak to a supervisor. I cry when I get mad too, so I understand your reaction









If the supervisor won't help you, ask for HIS supervisor. And so on and so-forth. The squeaky wheel gets the grease, and the louder you squeak, the quicker they will grease you.

In the meantime, do you know anyone with a spare seat you can borrow?

I would also call all local fire departments, hospitals, and police departments and see if anyone has a free seat program.

Hang in there.









If you can't afford to buy groceries, have you looked into foodstamps, WIC, or a local pantry?


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## caligirl (Jul 2, 2004)

I am so mad reading this.

I HATE when big companies do something like this. I am known to ride out these kind of fights to the end and I don't make friends along the way.

Have you called the manufacturer of your carseat? Maybe they can help you?

I'm not sure about the gray area being that your DD wasn't actually in the seat at the time of accident, so maybe it didn't sustain any damage? Maybe the manufacturer can put your mind at ease about this at least.

I'd still pursue State Farm for a new one. Our manual says to replace the carseat in the event of an accident. period. Says nothing about the child actually having to be in the seat during the accident. So I'd fight it.

Good luck, keep us posted.


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## Emma's_Mommy (Apr 28, 2006)

i called both evenflo and the state police and they BOTH said the seat should be replaced regardless if my DD was in it or not.....

apparently she called hubby at work after i screamed at her and hung up, and hubby gave her hell too....she said she would talk to her supervisor and get back to hubby tomorrow

i am just beyond mad that she told me it was "my choice" to replace the seat but that state farm wouldnt pay because DD wasn't in it and apparently the car being totaled isn't concidered a serous enough accident for them....i guess someone had to die in order for them to concider replacing the seat


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## AEZMama (Jul 24, 2005)

What about calling a local TV station? They love doing exposes on things like carseats, etc. They will then do the grunt work of "convincing" your ins. company to cover the seat...and hopefully change their policies!


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## Emma's_Mommy (Apr 28, 2006)

its an option....i just dont know if i have enough sanity left in me......


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## TurboClaudia (Nov 18, 2003)

i recently did some research about this for a friend.

will post a link in this post also, but the 5 guidelines from the nhtsa for reuse of a car seat after a minor crash are:
*vehicle was able to be driven away from crash site
*air bags did not deploy
*there were no injuries to the occupants of the car
*door nearest the car seat was undamaged
*no visible damage to the car seat
(the document with this list is here and more info is here.)


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## Emma's_Mommy (Apr 28, 2006)

do all 5 have to be met??

**car was NOT drivable (its been totaled out)
**airbags did not deploy (it was a rear end collision, hubby's car dosnt have airbag sensors in the rear)
**hubby had minor wiplash and 4 day headach (stuborn man wouldnt go to the chiropractor)
**door nearest seat WAS damaged because the rear quarter pannel folded up and caused the door to be misaligned and the door was unable to be opened
**I have no idea if there was visable damage to the carseat, its still in the car at the body shop (long story....other drivers insurance is being a PITA)

basically what happened was hubby was at a stand still waiting to turn left, and the girl rear ended him going about 30mph...her car is totaled as well, her airbag DID deploy (and scare the crap out of her) and hubby's car is about 5 inches shorter and all misalligned from the force of the impact

i should also mention that hubby's achor hook was on the floor of the trunk and NOT on the back of the seat, so the strap which was tight before the accident was left still attached but with slack from being at least 3 inches closer to the backseat than it was before the accident!

what would YOU do?????


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## aguafria6 (Oct 5, 2006)

I hope I'm able to post this here but here's an awesome place that you can ask. Many of the ladies are car seat techs and have a lot of resources available to them.

http://forums.delphiforums.com/Carseats/start

You have to make an account but it's free. Good luck to you. Those jerks should replace it for you. (((HUGS)))


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## TurboClaudia (Nov 18, 2003)

as i understand it, for the carseat to be safe to be reused, all 5 criteria should be true. if any of the criteria are false, the seat should be replaced, regardless of if a child was sitting in it during the actual accident.

i would located a carseat tech who would support this NHTSA recommendation and provide the insurance company documentation to that effect and contact the insurance company with them on the phone with you.

this irks the heck outta me.

~claudia


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## Emma's_Mommy (Apr 28, 2006)

thanks everyone.....i am armed with tons of info and i'm more hopeful state farm will pay for the seat

and it irks the heck out of me tooo


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