Should an insureance company replace my infant car seat?

Question

My car was parked in the street and a lady backed into my car. The base of the car seat was in the car. We filed a claim with Liberty Mutual and they say that the car seat only needs to be replaced if the collision happenend over a certain speed. We were not in the car, nor did we see the collision so we have no idea of the speed. All we know is that the estimate to get our car fixed is $1,800. The owner's manual of my car seat says that the car seat should be replaced after a collision. We also called the manufacturer and they said that since the base of the seat was in the car at he time of the collision that all the warranties associated with the base have been voided. I have already bought a new base but I think the insurance company should re-imburse me. Am I right?

Answer 1

Hi there:

Without question - the insurance company of the at fault person should make payment to you for the car seat base.

Without question.

Ask them this:

If the car seat was to fail in any future potential car accident and it was discovered that they failed to replace your car seat after it was involved in an accident caused by their insured - do they want to face the consequences of a plaintiff verdict against them on gross negligence?

$70 will seem like a PITANCE compared to a plaintiff verdict!

Plus - It is almost STANDARD practice in the insurance industry to replace seats in car accidents. No one wants to take that risk!

Do they want to stand on a FLAWED consumer report by consumer reports?! They should KNOW better.

They BETTER make that right for you! Grrrrrrrrr on Liberty Mutual!!!

Hmph!

~jifr!

Answer 2

Over the years as an insurance adjuster I have paid for dozens of infant car seats but must admit I've never had anybody request it from a parked car claim.

Realistically, I doubt there is any wrong or unsafe with base from an accident where your car was parked. In order for the infant seat or base to run the risk of ANY damage there needs to be a forceful impact and weight on the seat/base. Since only the base was in the vehicle there certainly would not be enough weight or force of weight to damage the base.

Frankly, $1800 of damage to a car is a minor impact. So it is unlikely that the base suffered any damage.

The car seat manufacturer told you the warranty is now gone because that is what some lawyer told them to say if anybody asks the question.

You have piece of mind since you bought the new base. If you haven't already done so I would suggest sending a letter and a copy of the receipt for the new base to the claims mgr at Liberty Mutual. I doubt they will cover it but it will cost you .41 in postage and a few minutes time to find out.

Good Luck.

Answer 3

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Answer 4

I would venture to say most insurance companies include car seat reimursement as part of their coverage these days, paid by the offending driver (the other guy!) insurance. But, I could see some refusing on the basis of the NHTSA stance on things. Here's the questions they say to ask to determine whether the seats need to be replaced (and it DOES matter especially because it is the base, the part that holds the restraint in the vehicle).:
"NHTSA Position
NHTSA recommends that child safety seats be replaced following a moderate or severe crash in order to ensure a continued high level of crash protection for child passengers.

NHTSA recommends that child safety seats do not automatically need to be replaced following a minor crash.

Minor crashes are those that meet ALL of the following criteria:

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

Clarifying the need for child seat replacement will reduce the number of children unnecessarily riding without a child safety seat while a replacement seat is being acquired, and the number of children who will have to ride without a child seat if a seat were discarded and not replaced. The clarification will also reduce the financial burden of unnecessary replacement. "

Many companies still automatically replace them for liability issues, and if you push, they just might. I mean, you wouldn't have to replace them if the car hadn't been hit. But if the car meets the criteria for a minor crash, they don't have to.

Answer 5

The car was parked and she backed into it. This tells me that it was a low speed collision! (how fast can you go in reverse? Reverse is a low gear!) The damage to the car was relatively minor, and there would have been absolutely no stress or damage caused to the car seat.

The insurance company is not going to pay for unneeded items, and they are not going to pay for the car seat base in this case.

You are over reacting to a minor collision!

Answer 6

If it was just the base it will be fine. There is not enough weight to a seat base to generate the force needed to stress the fibers of the strap. If your child was in the seat then I would say for sure to replace it. Car seat manufacturers do not want the liability if the seat is in an accident so they say it needs to be replaced, they just don't want to be sued.

With that said... it is your child. If you think it is not safe then replace it (which you did). Then call a claims supervisor and very nicely explain that since you are not sure of the force of the impact you do not feel safe using the current seat. Explain that you already bought a replacement and ask for reimbursement. If that does not work, call your agent and ask them to fight for you. Next step is to call your State Insurance department and file a formal complaint.

Hope that helps...

Answer 7

Yes, the insurance company should replace it. It's the law. My brother was in a MINOR accident w/my daughter in her car seat and his insurance company had no problem re-imbursing him for the cost of the carseat!

Answer 8

Yes, the car seat needs to be replaced. Yes, the at fault party needs to make you whole, which would include that replacement. Why are you doing this yourself and not using your agent to speak on your behalf?

Answer 9

The car seat is not part of the car - unless you talking about the intergraded seat.

I dont think you will get reimbursed for this at all

Answer 10

Probably not, the seat is not part of the car so it's not covered by the insurance