# Insurance company wont replace our Car Seats after a crash!!



## dubfam (Nov 4, 2005)

We are in Oregon, we were rear ended by a dump truck. Both kids were in Britax seats.

The other insurance company is now offering me $30 per seat for replacement.







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what the heck? He is telling me that is all a used car seat is worth blah blah blah.

Aren't there laws or something that require them to replace my seats? HELP!!


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## chickabiddy (Jan 30, 2004)

Britax follows the NHTSA rules for replacing seats:
http://www.nhtsa.dot.gov/people/inju...raintReUse.htm

Do your seats require replacemen?


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## Maedze (Dec 16, 2008)

No, unfortunately there are rarely laws protecting you.

I recommend printing out a few generic listings for your seats (say, Amazon, Babies R. Us and Target) and bring them to YOUR insurance representative (who is the person who should be going to bat for you). Explain you will not be backing down and you are insisting that the full value of the seats be compensated.

(This is all, of course, assuming that the seats meet the criteria for replacement per NHTSA and Britax).

Print the following out to show that your seat meets the requirements for replacement (if any of the five isn't true, it needs to be replaced)

http://www.nhtsa.dot.gov/people/inju...raintReUse.htm

Finally, bring the manual to show where it says the seat must be replaced.


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## limette (Feb 25, 2008)

car seats are covered under homeowner's (not car) insurance aren't they?

when i was practicing, only stuff that was permanently affixed to the car is covered under the car policy.


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## BathrobeGoddess (Nov 19, 2001)

What we ended up doing last week was calling our insurance company and filing a claim through them and then they are now going after the at-fault insurance company for the money for our car seats...it worked out for us. Goos luck!


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## Maedze (Dec 16, 2008)

Quote:


Originally Posted by *limette* 
car seats are covered under homeowner's (not car) insurance aren't they?

when i was practicing, only stuff that was permanently affixed to the car is covered under the car policy.

No, car seats are not covered under home owner's insurance. I currently have nearly a thousand dollars worth of car seats in my van, and I expect my insurance to replace them in the event of an accident.

An insurance company acting in good faith will cover the cost, because child seats, as far as the child is concerned, are an extension of the vehicle.


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## caro113 (Aug 25, 2008)

From what I've heard others say, simply call them up and say "since you won't replace the car seats, I would like a written guarentee from you that they will protect my child(ren) should we get into another accident." That usually gets a check in the mail .. at least from what I've heard on other posts around here.

Good Luck!!!


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## Mal85 (Sep 3, 2008)

I say that's a rip-off, right there. I rear-ended a car when my niece was riding with me. She was in a Britax Marathon, it was a year-old car seat at the time. We didn't even check any regulations on replacing the seat and they replaced the entire cost of a new seat, no questions asked. That was my car insurance that replaced her seat.

My sister just had to go buy one and we gave the receipt to the insurance company. She had a check in the mail within the week.


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## Ceili (Nov 21, 2001)

Yep, call your insurance claims adjustor, don't bother with the truck's insurance adjustor. Tell them you need new seats, send them a link on amazon to which ever Brtiax model you have, and tell them you need them to bring you a check because you're stranded at home with your kids because you don't have safe carseats.

When my neighbor hit me last year my claim adjustor hand delivered a check to me in less than 24 hours. I took the covers off my seats and she took the old seats with her to dispose of them.


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## dubfam (Nov 4, 2005)

Thanks for all the replies!

I am trying to haggle with them about it. I can't believe they are giving me such a hard time.

There should be a law that requires insurance companies to replace the seats.

Any advice is really appreciated. So far I have provided printed information from the NHTSA (showing replacement requirements) and Targetdotcom (showing original cost of the seats). I provided links that show it is unsafe to purchase a used car seat. I also provided links to people selling the seats for $150 USED on craigs list. We are waiting to hear back from them. I am so aggravated..


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## the_lissa (Oct 30, 2004)

I've had insurance replace my seats. That is b.s. about them being used. You cannot go and buy a used car seat for 30 bucks. You need to buy new ones.


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## fizzymom (Nov 20, 2001)

Quote:


Originally Posted by *dubfam* 
The other insurance company is now offering me $30 per seat for replacement.







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what the heck? He is telling me that is all a used car seat is worth blah blah blah.

I had the same experience with an insurance company about a year ago. They have to replace your seats with ones of the same value. You cannot safely buy a used car seat. Once I pointed out that I couldn't just go out and buy a used car seat, he relented. If the other driver's insurance won't budge, talk to yours - they will subrogate the other insurance company.


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## fizzymom (Nov 20, 2001)

Quote:


Originally Posted by *dubfam* 
I provided links that show it is unsafe to purchase a used car seat. I also provided links to people selling the seats for $150 USED on craigs list. We are waiting to hear back from them. I am so aggravated..

Do not replace them with used, they MUST pay for NEW!


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## dubfam (Nov 4, 2005)

Quote:


Originally Posted by *fizzymom* 
Do not replace them with used, they MUST pay for NEW!

Yeah we won't buy used, but he was saying that a used car seat is never worth more than $30. Now he is offering $67 per seat, because he found an expired roundabout (we have a Marathon and a Regent) for $60 on Craigs list. This guy is a real you know what. I am calling his supervisor tomorrow. Any advice is very appreciated. I can't believe how ridiculous he is being. It's like a slap in the face to be offered $67 each.


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## MariesMama (Sep 26, 2008)

Oh hell no! Go up the chain, and keep throwing out that verbiage about a written guarantee on used seats of unknown origin. Insurance companies usually pitch a fit at first, but I've not heard about an agent going this far. Ridiculous.

What car insurance company is this?!


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## dubfam (Nov 4, 2005)

Quote:


Originally Posted by *MariesMama* 
Oh hell no! Go up the chain, and keep throwing out that verbiage about a written guarantee on used seats of unknown origin. Insurance companies usually pitch a fit at first, but I've not heard about an agent going this far. Ridiculous.

*What car insurance company is this*?!

*Bituminous*.

I have spoken with his supervisor in the past and she seems reasonable. I will be calling her tomorrow morning to see if I can get anywhere with her. The accident happened 8/4 and I still haven't gotten a single cent from them, even though my car is totaled and their driver is at fault.


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## dachshundqueen (Dec 17, 2004)

Bad faith claims handling baby.

Liz


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## khaoskat (May 11, 2006)

Quote:


Originally Posted by *dubfam* 
Thanks for all the replies!

I am trying to haggle with them about it. I can't believe they are giving me such a hard time.

There should be a law that requires insurance companies to replace the seats.

Any advice is really appreciated. So far I have provided printed information from the NHTSA (showing replacement requirements) and Targetdotcom (showing original cost of the seats). I provided links that show it is unsafe to purchase a used car seat. I also provided links to people selling the seats for $150 USED on craigs list. We are waiting to hear back from them. I am so aggravated..

My best advice is to let them know that if they are not willing to fully cover, the replacement value, of your carseats since their driver was 100% at fault, that you will be more than willing to contact your State's Department that regulates insurance as well as seek legal counsel regarding filing for damages and bad faith negotiating.

Their driver was at fault, you are entitled to more than, 10% of the cost of replacing your carseat. Let them know that a used carseat is not safe to purchase because you don't know if it has been in an accident or not.

They are trying to haggle with you because they think you will back down because you are going solo (ie without legal counsel) and they think you are not willing to go to Court over the issue.

If their insurance company is being such a pita, it might be easier to go ahead and file the claim with your insurance company. Let your insurance company know you are only doing it because the other company is acting in bad faith and not replacing damaged items in your vehicle.

And yes there are somewhat laws to protect your interest. It depends upon if your state has laws that are contributory fault/negligence (ie you did something that helped cause the accident).

Good luck. BTW, instead of talking to them on the phone any longer but everything in writing, and send your stuff through certified mail return receipt requested.


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## fizzymom (Nov 20, 2001)

Quote:


Originally Posted by *dubfam* 
*Bituminous*.
The accident happened 8/4 and I still haven't gotten a single cent from them, even though my car is totaled and their driver is at fault.

It's been a month??? YIKES!

Call YOUR insurance company and have them subrogate. You need new car seats NOW!! Basically what happens is your company pays and then they go after the other company. Waiting a month for new car seats is obscene.

Also, any further communication with the other company should be documented. Good Luck.


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## dubfam (Nov 4, 2005)

Quote:


Originally Posted by *khaoskat* 
My best advice is to let them know that if they are not willing to fully cover, the replacement value, of your carseats since their driver was 100% at fault, that you will be more than willing to contact your State's Department that regulates insurance as well as seek legal counsel regarding filing for damages and bad faith negotiating.

Their driver was at fault, you are entitled to more than, 10% of the cost of replacing your carseat. Let them know that a used carseat is not safe to purchase because you don't know if it has been in an accident or not.

They are trying to haggle with you because they think you will back down because you are going solo (ie without legal counsel) and they think you are not willing to go to Court over the issue.

If their insurance company is being such a pita, it might be easier to go ahead and file the claim with your insurance company. Let your insurance company know you are only doing it because the other company is acting in bad faith and not replacing damaged items in your vehicle.

And yes there are somewhat laws to protect your interest. It depends upon if your state has laws that are contributory fault/negligence (ie you did something that helped cause the accident).

Good luck. BTW, instead of talking to them on the phone any longer but everything in writing, and send your stuff through certified mail return receipt requested.

Unfortunately we only have liability insurance, so we are on our own as for as the insurance company goes.

We DO have an attorney, but he will take 25% of everything that he collects so we are TRYING to handle the property settlement on our own.

We are now communicating via email and suddenly he (insurance guy) is all nicey nicey. I agree with communicating in writing. Not only is it going much more smoothly I have proof of everything that is said.

Thanks!! I really appreciate all the advice and everyone who has taken time to post. We really really can't afford to absorb the cost of these seats.


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## fizzymom (Nov 20, 2001)

Quote:


Originally Posted by *dubfam* 
Unfortunately we only have liability insurance, so we are on our own as for as the insurance company goes.

We DO have an attorney, but he will take 25% of everything that he collects so we are TRYING to handle the property settlement on our own.

We are now communicating via email and suddenly he (insurance guy) is all nicey nicey. I agree with communicating in writing. Not only is it going much more smoothly I have proof of everything that is said.

Thanks!! I really appreciate all the advice and everyone who has taken time to post. We really really can't afford to absorb the cost of these seats.

Ask him via e-mail if the delay in replacing the car seats means he is accepting liability for your kids lives if you are in another accident. I wonder if it would light a fire under his "sit-upon".


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## dubfam (Nov 4, 2005)

Quote:


Originally Posted by *fizzymom* 
Ask him via e-mail if the delay in replacing the car seats means he is accepting liability for your kids lives if you are in another accident. I wonder if it would light a fire under his "sit-upon".

Good Idea! Thanks.


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## fizzymom (Nov 20, 2001)

Quote:


Originally Posted by *dubfam* 
Good Idea! Thanks.

No worries, insurance companies make me rabid.


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## khaoskat (May 11, 2006)

Quote:


Originally Posted by *dubfam* 
Unfortunately we only have liability insurance, so we are on our own as for as the insurance company goes.

We DO have an attorney, but he will take 25% of everything that he collects so we are TRYING to handle the property settlement on our own.

We are now communicating via email and suddenly he (insurance guy) is all nicey nicey. I agree with communicating in writing. Not only is it going much more smoothly I have proof of everything that is said.

Thanks!! I really appreciate all the advice and everyone who has taken time to post. We really really can't afford to absorb the cost of these seats.

You may only have liability insurance, but often times your insurance company will negotiate on your behalf if you were not at fault.

I would also put down that because of their delay in replacing your carseats you are now stuck at home unable to go anywhere and are causing you further monitary loss and delays which you fully expect compensation from.

Also, indicate that if they are only willing to replace your carseat with a used carseat you want a statement in writing that they will guarantee the safety of the carseat and your children and that they will guarantee that the carseat they are replacing it with has never been in an auto accident and there are no other issues with it.

I would also let them know that replacing a Marathon/Boulevard with a Roundabout is a downgrade on your carseat, as the Roundabout is only good for a child who weighs less than 40 pounds, whereas the M/B holds to 65 pounds and a higher height limit as well.

At this point in time, I would do the following.

Dear XYZ.

This is a demand letter, for your to pay all damages to our vehicle and property contained there in. Here is an itemized list:

Car - amount of money to fix/replace the vehicle (if replace current market value of your vehicle). Include a description of the vehicle, including year make and model and features it had.
Carseat A - Britax whatever (include a picture of the car seat) and then go to Toy's R Us and print up a copy of their web page showing the exact same model (ie Marathon for Marathon) showing cost.
Carseat B - Britax whatever (do the same thing as above).
Carseat C - Britax whatever (do the same thing as above).
Then whatever else is in your car that was damaged from the accident. Include photo and then a print out of what the replacement will cost or how much it will cost to fix it.

Anything that is going to be fixed include two estimates (as for the car being totaled, include two estimates showing the vehicle being totaled.)

Then, put in a daily itemized list of your lost time/wages/etc because you are being inconvenieced.

Lastly, include a demand that they provide for you immediately a rental car that will fit your family until this matter is fully resolved, at their cost.

Send this to them via certified mail, return receipt requested.


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## khaoskat (May 11, 2006)

Oh, if you want double impact...

Send a certified return receipt letter to the individual who hit you...be it a company or the direct individual who was driving.

Send them a demand for payment as well, and let them know that you will be filing lawsuit if it is not paid within two weeks. Let them know that their insurance company is being unresponsive and negotiating in bad faith and that as a result you are going to have to sue them for the damages caused by the accident.


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