# Question about insurance replacing a car seat after an accident



## Sharon RN (Sep 6, 2006)

Hey guys!

On Thursday evening, dh (most likely) totaled our 08 Honda CRV. My mom was in the car, as well as ds#1 and ds#2 and ds#1's teammate from football practice. (I, uh, guess we're not going to be asked to carpool again!) The front airbags deployed, and the passenger side air bags deployed in the front and back seats. My mother was injured (broken wrist, possible broken rib, def rib contusions, contusions all over, including her tongue!), my dh was injured (sprained ankle, lacerations to his head and knee, burns to his arm), and ds #1 has huge bruises are his hips and shoulder from the seat belt. His friend was fine, and the baby was absolutely fine. Everyone was checked out by EMS, and my mother was transported to the hospital.

I know we cannot use the MyRide 65 anymore and we need to replace the car seat. I just paid my tuition (ugh), so I need to get $ from the insurance to pay for the car seat. I was worried that the holiday weekend would delay this, so a great MDC momma has lent me an extra Britax Boulevard that she had (and other great MDC mommas have also offered seats as back ups. MDC rocks and you guys are so great!







)

Yesterday evening, my dh was talking to the insurance adjuster and he asked about what to do to replace the car seat. She said to go out and buy one, save the receipt, and then "maybe" we'll get reimbursed for it. Does that sound right?

By Friday, insurance $ or not, I had planned to buy a new seat anyway. But now I'm wondering if I should wait for the money first from the insurance company- assuming I can continue to borrow a seat. I don't mind paying for a new seat if I have to (that comes with the parenting territory), but if the car insurance company is obligated to pay for the new seat, well, that would be nice.

Any ideas? TIA!

PS I was happy with the MyRide 65, and it really protected him in this accident. But now I think instead of getting a new car, we are going to downsize to just 1- our 07 Mazda 3. Do you think another MyRide would work? Or should I look for something else?

PPS My mother is short, and a long time ago she got one of those things designed to keep the seat belt from rubbing against your neck, but it works by basically clipping the lap belt and shoulder belt together- I guess they are normally marketed for kids. (This is it:http://www.safety1st.com/usa/eng/Pro...-Belt-Adjuster) But the lap portion of the belt would ride right across my mom's abdomen whenever she used this $^%*@ thing. I think her abdomen was too big for the way it was designed. I told her a hundred times how dangerous that was. Anyway, they were hit on her side of the car, and because the lap portion of her belt was riding around her belly button, she actually slid under and out of the belt. That God she didn't suffer any major internal injuries. Why do they sell those things??







She promised me after this, she won't use it again.


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## an_aurora (Jun 2, 2006)

They NEED to replace it. Just be firm. I totalled my car a couple of weeks ago, too, and the insurance adjuster went from "since they were not occupied we won't replace them" to "maybe" to "I'll send the check on Monday." I just let them know that the manual requried them to be replaced (and send them the NHTSA crash replacement requirements, since your crash meets 4 of the 5).


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## TheGirls (Jan 8, 2007)

They absolutely should replace them, but they may do a reimbursement.

The Mazda 3 is a smaller car, so I'd definitely consider a narrower seat for the baby though. Radian or Complete Air maybe?

Yes those belt positioner thingies are very unsafe, and I'm glad your mom was 1) ok, or at least reasonably ok considering, and 2)convinced to stop using them!


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## Honey693 (May 5, 2008)

If you call the 800 number in the car seat manual most companies wills end you a letter addressed to the insurance company saying the seat absolutely needs to be replaced. When we were in an accident the other insurance company said we needed to buy a new seat, show them the receipt, give them the old seat and then they'd cut us a check.


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## an_aurora (Jun 2, 2006)

Quote:


Originally Posted by *Honey693* 
If you call the 800 number in the car seat manual most companies wills end you a letter addressed to the insurance company saying the seat absolutely needs to be replaced. When we were in an accident the other insurance company said we needed to buy a new seat, show them the receipt, give them the old seat and then they'd cut us a check.

I actually did this and got horrible advice from Combi, so just be forewarned that it might not work out! Britax said to print NHTSA's list from their (Britax's) website, found under the FAQ section. We left the car seats in the car so the insurance adjuster could see them. We went back later to get the covers, and he had actually un-installed all the seats, and cut the straps, which was great! I just ordered new seats online and forwarded the insurance adjuster the receipt from Amazon.


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## chickabiddy (Jan 30, 2004)

Whose fault was the accident? If it was the other driver's, her or his insurance should cover it. If it was your husband's fault, the carseat will probably be covered by collision, and, um, it seems like you certainly met the deductible so it should be covered if you carry collision/comprehensive insurance.

I agree that you'll probably want a narrower seat, and the Complete Air would be good. The Radian *might* be too tall front-to-back for a Mazda3.


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## an_aurora (Jun 2, 2006)

In my crash, which was not my fault, the insurance company wrote me a check for my seats, but they will get their money from her insurance company. Just like my medical bills, and the check they wrote me for the value of my car--they fronted the money, but her insurance gets billed.


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## Amila (Apr 4, 2006)

Absolutely make them replace. MAKE them. I got in a hit and run (not very serious at all actually, and my accident did meet the NHTSA criteria) but I still forced State Farm to replace my Radians. Because, well, I pay them for this kind of stuff! It took talking to 5 different people, and finally sending a threatening fax about them being liable should my kids die in a future crash to get them to reimburse. i did have to buy them first though, send a receipt, and then I got a check. Good luck, glad you are all ok!


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## chickabiddy (Jan 30, 2004)

Quote:


Originally Posted by *an_aurora* 
In my crash, which was not my fault, the insurance company wrote me a check for my seats, but they will get their money from her insurance company. Just like my medical bills, and the check they wrote me for the value of my car--they fronted the money, but her insurance gets billed.

Right -- because you had collision/comprehensive coverage. Not everyone does. If it is the driver's fault and s/he carries liability only, carseats are not covered. If it is the other driver's fault, carseats should be covered regardless of the driver's coverage.


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## an_aurora (Jun 2, 2006)

Quote:


Originally Posted by *chickabiddy* 
Right -- because you had collision/comprehensive coverage. Not everyone does. If it is the driver's fault and s/he carries liability only, carseats are not covered. If it is the other driver's fault, carseats should be covered regardless of the driver's coverage.

Duh







I didn't even think about that.


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## Kellyh_01 (Apr 24, 2006)

I was rear-ended a few years ago and the insurance company did reimburse me for the new seat. To me, that is the most ideal way to do it. That way you get to choose the seat you want. I got a better seat than the one I had initially.


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## spedteacher30 (Nov 20, 2005)

I was rear-ended with my son in the car and the other guy's insurance company reimbursed us for the cost of the seat. they balked initially, and so I requested a letter from them guaranteeing the safety of the seat, and that they would take responsibility for any future injuries from the seat if it turned out to be damaged. When I spoke to them an hour later, they promised a reimbursement. We faxed the receipt to them, and the check was cut within a day or so and back in our hands within the week.


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## Sharon RN (Sep 6, 2006)

Thanks for all the replies!

The accident is considered my dh's fault, and we do have comprehensive coverage. It looks like we'll go out and get a seat and get reimbursed. I'm good with that.

Any suggestions for the Mazda 3? We looked at the Complete Air today, and he dh didn't feel it was padded enough. I liked it though.


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## Sharon RN (Sep 6, 2006)

Well, my insurance said they will not cover a new seat. Bummer. They said it won't be covered because the accident was dh fault, so it's property damage, like if a cell phone broke during the accident. If it was the other person's fault, then it would be covered by the other driver's insurance. I asked if our comphrensive insurance covered it, and they said no.

Oh well. Looks like I'll be out shopping for a new seat come Friday. . Again, any recs for a 07 Mazda 3?

Thanks again guys!


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## dachshundqueen (Dec 17, 2004)

If you don't have one for some reason, ask for a copy of the actual insurance binder it will note what is and is not covered.

Liz


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## rhiOrion (Feb 17, 2009)

Sharon,

Try out your MyRide in the Mazda. I have a MyRide in my Kia Spectra and I could fit in the middle seat (granted with the dog next to me, but she may take up more room than a small child).

I think I'd put a bit more pressure on your insurance company. I've never heard of it not being covered with comprehensive insurance (though it obviously happens). I think California and Illinois both require insurance companies to replace seats. Obviously you're not in those states, but maybe you could use that to your benefit if your insurance company works in those states. Like, "you obviously don't consider car seats to be property damage in those states- they're the same exact object in North Carolina"

You don't have to have a cell phone to legally drive your car. But you do have to have carseats to legally drive your car with your kids in it. To me, the insurance company should have to pay for anything required to make the car drivable.

I'm feeling indignant on your behalf.


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## Sharon RN (Sep 6, 2006)

Rhi- thanks for having my back!

I'm kind of irritated too, however- the accident was dh's fault. (In a legal sense, even if the other driver was speeding with *no headlights on* in the dark- dh got ticketed, the other driver didn't. There is no way to prove it.) So, I'm much more concerned with the insurance paying for our car and the other driver's car, and my mom's medical bills. While I know they have to legally do it, I sort of don't want to piss anybody off before it's done. So, I'm not quite ready to have this argument with the adjuster. Yet. Once the cars are settled, and assuming they don't drop us (dh totaled a car 2 years ago), then I'll be more willing to have this argument.

Not that it's not important, but I'd rather just pay for a new seat than make someone mad and have them drag out our claim, IFYWIM.

I heard Target was having a good car seat sale, and BRU is doing the trade-in thing again, so I'll be able to get a seat this weekend.


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