Car seats in accident? Replaced?

[puebloyoga]

My husband was driving last Friday when a woman (talking on her cell phone) ran a red light and hit/totalled our car. My toddler son was in the back seat (middle). Fortunately, they are basically fine, though sore and soft tissue issues.

Anyway, our insurance company said they would pay to replace his car seat but not the infant seat that was on the side because our baby was not in it at the time. Does anyone have any advice/statistics, etc. on how to get them (or ideally, her insurance company if they find fault on her - we have 3 witnesses) to pay for a new seat for her.

It's a bummer 'cuz I bought her a new seat and now I can not morally resell it because it was in an accident, not to mention the most important fact that I don't feel comfortable with her in it right now, either. Help.

[Joni]

I've heard of this before but never heard of a result. My suggestion is to show the insurance that virtually all car seat manuals say specifically to replace the seat if its ever in a crash. Regardless of a child riding in it or not. You can even call the manufacturer for a second opinion. I think if you push hard enough you'll get what you want. Regardless, you do need a new seat for both children. I've heard of insurance companies just reimbursing people, not caring which seat they had. I guess it really depends on the insurance but I'd really bug and call the manufacturer for clarification regarding an empty seat. If your car was totaled, I'd say the seat was totaled also, but I'm a carseat freak, not an insurance agent.
JONI CPST

[hjdong]

I would look for information in the infant seat manual or from the manufacturer stating that after the seat has been in an accident it is no longer safe, regardless of whether the baby was in it or not. Perhaps add something in the letter that you would consider them liable for any damage that come from using an unsafe seat (not that I'm saying you would use an unsafe seat, I'm just suggesting the words consider you liable have power).

HTH,

[hjdong]

Sorry, we must have been typing at the same time.

[momtoB]

Maybe something here will help you as well: http://www.nhtsa.dot.gov/people/injury/childps/ChildRestraints/ReUse/index.htm

The National Highway Transportation Safety Administration recommends replacing seats that were in cars during collisions in which the vehicle was totalled.

Glad no one was seriously injured!

hth!

[momofmany]

My sister had a similar incident - totaled car and two car seats with no children inside. When the insurance company balked at replacing the seats she asked them to guarantee in writing the safety of the seats following the accident. Needless to say they gave in. I'd cite this example, the examples cited above and not back down until the the insurance company replaces the seats. Keep asking to speak to a supervisor or higher level person - remind them of the importance of car seat safety. This is an important issue to be really prickly over! Good luck and I'm glad all are safe.

[Kimberly H]

I just went through this, only Mia wasn't with us, just my 16-year old DS and me. Our car was totalled (other car ran red light) and our insurance company didn't want to replace her seat since she wasn't in it. I'd read these boards enough to know they WOULD replace her seat and firmly insisted that they do it. They wanted proof that it was necessary so I printed out the PDF manual for my Roundabout and highlighted where it said to replace if in an accident and then went to the site another poster linked too and printed that out, putting "yes" and "unknown" where needed. Faxed it to the woman handling the car loss part of our claim. (we're dealing with the other car's insurance at another time). She said she'd received the fax, they'd be discussing it at their weekly meeting for the total loss department.

The insurance company rep called Friday. They're replacing her seat. All I have to do is send in the receipt and return the car seat to them (already done as it's in the car they towed).

THANKS!