# car accident which seats to get?/ new ? Insurance doesnt want to pay for carseats



## almadianna (Jul 22, 2006)

Mike was in a car accident two days ago, the kids were not in the car but the carseats were.







He is fine but the car is not so fine and we definitely need new seats.

So... which ones to get?

We have a 3 year old and 1 year old. We need convertibles. Kate (3 year old) has a long torso and Calvin (one year old) is chunky.

Money really isnt an issue.

Thanks all!









ETA: He has a Nissan Frontier with the 4 door cab. So it isnt very big inside and the car seat needs to fit RF without taking up a HUGE amount of room.

ETA2:

So the insurance company says that since the air bags did not deploy they do not want to pay for the new carseats because they dont need to be replaced. we have two true fits by safety 1st. mike called safety first and they said that they did not need to be replaced. so um.. do they?


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## Equuskia (Dec 16, 2006)

I don't know how close you are to Houston, But there is a USABaby there where you can try out the Radian. It's great for kids with long torsos, since the shell is tall, but I don't know if it would fit in your car.


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## almadianna (Jul 22, 2006)

We are in Houston.







But have never been to USA Baby.. hmm...


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## DahliaRW (Apr 16, 2005)

For the tall skinny one I would look at a radian or complete air or true fit. For the smaller chunkier one, a graco myride.


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## triscuitsmom (Jan 11, 2007)

Quote:


Originally Posted by *almadianna* 
ETA2:

So the insurance company says that since the air bags did not deploy they do not want to pay for the new carseats because they dont need to be replaced. we have two true fits by safety 1st. mike called safety first and they said that they did not need to be replaced. so um.. do they?

Just wanted to double check this, True Fits are maybe by Learning Curve or First Years (same company)... not Safety First. All carseat manufacturers have different guidelines and I don't know what they are for Safety First but the TrueFit manual definitely says replace after crashes.

Also as for insurance the NHSTA says that carseats might not need replaced after a minor crash and a minor crash is one in which:

*The vehicle was able to be driven away from the crash site;
*The vehicle door nearest the safety seat was undamaged;
*There were no injuries to any of the vehicle occupants;
*The air bags (if present) did not deploy; AND
*There is no visible damage to the safety seat

All five must be met for it to be minor and if they aren't then the insurance really needs to replace them. Either way Learning Curve says replace them so if you present your manual to the insurance company maybe that would help?


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## alegna (Jan 14, 2003)

Quote:


Originally Posted by *triscuitsmom* 
Just wanted to double check this, True Fits are maybe by Learning Curve or First Years (same company)... not Safety First. All carseat manufacturers have different guidelines and I don't know what they are for Safety First but the TrueFit manual definitely says replace after crashes.

Also as for insurance the NHSTA says that carseats might not need replaced after a minor crash and a minor crash is one in which:

*The vehicle was able to be driven away from the crash site;
*The vehicle door nearest the safety seat was undamaged;
*There were no injuries to any of the vehicle occupants;
*The air bags (if present) did not deploy; AND
*There is no visible damage to the safety seat

All five must be met for it to be minor and if they aren't then the insurance really needs to replace them. Either way Learning Curve says replace them so if you present your manual to the insurance company maybe that would help?

What is the definition of being able to be driven away?

-Angela


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## Maedze (Dec 16, 2008)

Quote:


Originally Posted by *alegna* 
What is the definition of being able to be driven away?

-Angela

Can the vehicle be safely driven from the scene of the accident, without leaving fluids or engine parts strewn all over the road?

I mean, technically it would illegal to operate a car, if say your brake lights didn't work anymore, but if the car could still be driven without any weird noises or explosions, I would still count that as 'able to be driven'.

As you can see, though, it's not exactly cut and dry, it's a judgement call.


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## an_aurora (Jun 2, 2006)

Quote:


Originally Posted by *triscuitsmom* 
Just wanted to double check this, True Fits are maybe by Learning Curve or First Years (same company)... not Safety First. All carseat manufacturers have different guidelines and I don't know what they are for Safety First but the TrueFit manual definitely says replace after crashes.

Also as for insurance the NHSTA says that carseats might not need replaced after a minor crash and a minor crash is one in which:

*The vehicle was able to be driven away from the crash site;
*The vehicle door nearest the safety seat was undamaged;
*There were no injuries to any of the vehicle occupants;
*The air bags (if present) did not deploy; AND
*There is no visible damage to the safety seat

All five must be met for it to be minor and if they aren't then the insurance really needs to replace them. Either way Learning Curve says replace them so if you present your manual to the insurance company maybe that would help?

The only manufacturer that follows the NHTSA guidelines is Britax; all others require that the seat be replaced after ANY crash.


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## EmmaJean (Sep 26, 2002)

deleted b/c i answered my question!! thanks internet!


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## Equuskia (Dec 16, 2006)

Alma, if the insurance company doesn't want to pay, have them sign a form saying that by not replacing the seats, they are guaranteeing that they are intact, completely safe for use and will protect your children's lives in a crash.

How badly was the car damaged anyways, and who's fault was it?


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## chickabiddy (Jan 30, 2004)

I personally don't favor the above tactic: insurance companies won't and shouldn't be responsible for "guaranteeing" a child's safety if parents choose to reuse crashed seats. Insurance companies are and should be responsible for paying out in accordance with the policy. Check your policy and ask your adjuster to show you exactly what their policy states about replacing carseats. Your carseats do need to be replaced. and if your policy covers carseat replacement, they should pay.


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## Equuskia (Dec 16, 2006)

Alma, page 5 of the manual says "Do NOT use this Convertible Seat if it has been in a crash. (There may be hidden damage and must be replaced.) Your insurance may provide some assistance in replacing this seat."


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## almadianna (Jul 22, 2006)

THanks for the replies mama. My husband was not at fault and we have been back and forth with the insurance company about this grrrrrrr.


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## chickabiddy (Jan 30, 2004)

If your husband is not at fault, then you should be negotiating with the other driver's insurance, not your own.


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## almadianna (Jul 22, 2006)

Quote:


Originally Posted by *chickabiddy* 
If your husband is not at fault, then you should be negotiating with the other driver's insurance, not your own.

Which is what we have been doing.


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## almadianna (Jul 22, 2006)

Quote:


Originally Posted by *Maedze* 
Can the vehicle be safely driven from the scene of the accident, without leaving fluids or engine parts strewn all over the road?

I mean, technically it would illegal to operate a car, if say your brake lights didn't work anymore, but if the car could still be driven without any weird noises or explosions, I would still count that as 'able to be driven'.

As you can see, though, it's not exactly cut and dry, it's a judgement call.

This is where we are finding the issue to be. The car did a 360 on the street and the truck hit the curb on both sides like a ping pong ball. The wheels in the back need to be replaced because chunks were blown off of them and the tires obviously exploded. The side panel of the bed of the truck on the drivers side is also being replaced.

But... the car was driveable I guess after replacing the tires... I mean it could move and it turned on. Safe to drive? um no so much.


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## chickabiddy (Jan 30, 2004)

Quote:


Originally Posted by *almadianna* 
Which is what we have been doing.

Then if it's not working, file a claim with your own insurance company and let them subrogate.


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## cristeen (Jan 20, 2007)

Quote:


Originally Posted by *chickabiddy* 
I personally don't favor the above tactic: insurance companies won't and shouldn't be responsible for "guaranteeing" a child's safety if parents choose to reuse crashed seats. Insurance companies are and should be responsible for paying out in accordance with the policy. Check your policy and ask your adjuster to show you exactly what their policy states about replacing carseats. Your carseats do need to be replaced. and if your policy covers carseat replacement, they should pay.

That's the point though. If you tell them that their choice is to sign a contract taking full responsibility or pay for the replacements, they're going to take door #2. No one is suggesting that they reuse the seats, just that they push the issue with the insurance company.


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