Anyone Familiar With This?

[disneyfanatic60]

My DD had an accident yesterday with her car. Apparently, she was stopped at a red light and took her foot slightly off the brake and rolled forward into a car's back bumper in front of her. She's only been driving for a few month's so obviously, we don't want to process this through our insurance. So, she will be paying for the damage herself.

The car only suffered a small 2" scratch from where my DD license plate hit the bumper. We received an estimate for $340 for buffing and repainting the bumper. No big deal really. But here's my dilemna--according the lady she hit, she had a car seat in the car at the time. She wants $250 to replace the car seat citing that once a car seat is involved in "any" accident it is deemed unsafe and can no longer be used. Does anyone know anything about this? I certainly would never want to risk the safety of a child. However, going 5 mph and hitting her bumper is almost the equivalent of slamming a car door or trunk shut. I think by the dollar amount of the damage it is apparent the impact was extremely minimal.

I called our local police and they tell me there is "no law" covering this. I am going to call the car seat manufacturer today as well. I have no idea how to proceed here.

 

[Mermaid02]

$250??? That's a heck of a car seat! I think she's trying to "shake you down"- after all it wasn't a "real" accident. If she bumped another car in the parking lot, I bet she'd still use the car seat.

 

[Skywalker]

I know that when someone hit us, one of the first things our insurance broker asked us was if there was any car seats in the car. She told us that if there were, they would automatically be replaced after any accident, no matter how big or small, so I don't think she is making this up. She was probably told this at some point, as we were.

 

[lazarru]

Car seat instructions do state that if involved in an accident that they should be changed. It doesn't state how serious of one so in following that it's true it should be. A lot of that would be lawyer speak, if it was involved in a 2nd and someone got hurt you know the manf would state that it was damaged in the 1st and they were not responsible, so I don't blame the other person for wanting it replaced. $250 though it a bit steap, altough from when I last bought one about 4 yrs ago aout a mid level car seat.

As an FYI, bike helmets are the same way, if someone falls in them, they should be replaced even if there is not damage that is seen on them. They are both made basically of just plastic and you never know if it's been weaken.

 

[Obi-Wan Pinobi]

You said you don't want to go through the insurance company, but you might want to call them as well. Explain the situation, emphasize that you don't want to file a claim, and ask what has happened in situations like this in the past. They should be able to tell you if THEY would pay for the car seat replacement in this instance. If they say yes, then you should replace it (although I think $250 sounds steep as well); if they say no because what happened wasn't severe enough to damage the seat, they I wouldn't.

 

[tmt martins]

This is true but what I would do is ( and you have the right ) ask for the car seat when you get the reciept for the replacement .Then you can reimberse for that reciept and do as you will with old seat.

 

[Tigger&Belle]

I've also replaced carseats when they have been involved in an accident, but this seems over the top. One time someone did a similar thing with me. I was at a red light and they ever so slightly bumped into me. I looked at the bumper and there was no obvious damage. I got his business card in case there was something that I missed, but he never heard from me. I had carseats in the car and most certainly did not replace them . I wouldn't have replaced them if I had of bumped into a curb when (slowly) parking, afterall.

 

[Tigger&Belle]

I agree that if you do replace the seat that you should get the old one to dispose of and a receipt for the new one.

But, according to this, the seat does NOT need to be replaced. http://www.800bucklup.org/parent/replacing CSS after crash.html

 

[Tigger&Belle]

Here is the official word from the National Highway Traffic Safety Administration
http://www.nhtsa.dot.gov/people/injury/childps/ChildRestraints/ReUse/LetterToParents.html

Print it out and give it to her!

 

[disneyfanatic60]

Thanks everyone. I have the information already printed out from the NHTSA site. I also just spoke with the carseat manufacturer and they follow the guidelines from the NHTSA and all criteria is met "not" to replace the carseat. I am calling our insurance company next to see what they say.

I never thought about getting the "old" carseat if we do replace it. That's a great tip. I had thought about getting them to sign something showing we had replaced it in case something creeped up later.

Now I have another predicament--I think this lady is going to be a little difficult to deal with when I tell her we won't replace it based on the NHTSA information. She got two estimates. One for $344 and another for $508. I'm assuming she will then demand repairs at the shop for $508! So basically, she'll get most of the money for the carseat anyways. The only difference between the two places is the higher one wants to take "off" the bumper to confirm there is no damage which seems a little extreme for a 2" scratch.

Any suggestions on how to tell her we won't pay for the carseat and how to not pay $508?

 

[ksjayhawks]

I would not replace the car seat. Give her a copy of the handouts you have been given on this sight. I would also ask for one or two more estimates on the scratch removal.

I would not give them the money, but tell them you will pay the body shop directly as soon as the repair is done. The estimate sheets should have a name and number that you can call to make arrangements.

They may realize you don't want to report this and are hoping to make a little money on you! Terrible to think this way, but you never know!

 

[tmasingo]

This is true but what I would do is ( and you have the right ) ask for the car seat when you get the reciept for the replacement .Then you can reimberse for that reciept and do as you will with old seat.

I agree. You have every right to replace the current carseat with one of equal value. If in fact it is $250, then so be it. I do know that you should replace carseats, though have never heard after what severity of an accident. You're probably better off covering yourself and replacing it. Even if it hasn't been compromised safety-wise, if something were to happen to their child as a result of something else while in that carseat, they can always come back and say it's because it was damaged and you could be in a much more difficult situation then. I say replace it, but definitely ask for the receipt or model and replace it with the exact same thing, or as close as possible if it's no longer an available model.

Good luck!

 

[Tigger&Belle]

I also would not pay her directly for the bumper damage. Have at least 3 estimates and go with the one that seems to make sense. If 2 places say to take the bumper off, maybe that is reasonable, but I wouldn't go with the higher quote without at least one other one to back it up. Seems ridiculous for a scratch!

Be careful about contacting your insurance. I've heard that even asking them a question can alert them to an issue even if you do not submit a claim.

 

[justhat]

If you somehow end up replacing that carseat don't just pay her $250, get the specific model she has and then search around for it cause I know you can get it cheaper (though I think it's totally unnecessary to replace and I have a 1yo and know all about replacing seats in accidents-to me it's the same as bumping a car when parallel parking). I saw this because my daughter's carseat retails for $249 but we got it online for $209, so I wouldn't just hand $250 over to her. Byt he way it's a Britax Marathon if that helps you.

Additionally, I wouldn't pay her directly for the car damage either like others have posted. And from watching court shows on tv everyday while my daughter naps (I knew they'd come in handy), no one is ever made to pay the higher of the 2 estimates. If 1 place will do it cheaper then that's what they have been awarded so that's what I'd tell her. Not specifically about the court shows (no need to give her ideas!) but just that you'll pay for the lower of the 2 since they will both fix the problem. Good luck with her!

 

[jehender]

We were in an accident a few years ago and had our car seat replaced. It was a more serious accident then your describing. The insurance company told us to go and buy a new carseat. We then had to take the old car seat and the new receipt into the agents office and give it to them. They sent us a check for the amount on the receipt. Just thought you might like to know what the insurance company did in this situation.
We are shopping for car seats right now and they can be real expensive. $250 is not unreasonable if it is a brand like Eddie Bauer and one that goes from birth to 100+ pounds. I personally don't buy the expensive ones, but a lot of people do. It just depends on what she had. I would find out what she had and go from there.

 

[Kimberly]

My DD had an accident yesterday with her car. Apparently, she was stopped at a red light and took her foot slightly off the brake and rolled forward into a car's back bumper in front of her. She's only been driving for a few month's so obviously, we don't want to process this through our insurance. So, she will be paying for the damage herself.

The car only suffered a small 2" scratch from where my DD license plate hit the bumper. We received an estimate for $340 for buffing and repainting the bumper. No big deal really. But here's my dilemna--according the lady she hit, she had a car seat in the car at the time. She wants $250 to replace the car seat citing that once a car seat is involved in "any" accident it is deemed unsafe and can no longer be used. Does anyone know anything about this? I certainly would never want to risk the safety of a child. However, going 5 mph and hitting her bumper is almost the equivalent of slamming a car door or trunk shut. I think by the dollar amount of the damage it is apparent the impact was extremely minimal.

I called our local police and they tell me there is "no law" covering this. I am going to call the car seat manufacturer today as well. I have no idea how to proceed here.

I did the same thing when I was 17, and usually the guy was very friendly about it. I think I may have hit him going 1 mph, if that, and there was a small scratch on his rear bumper and my front one. It would have been pointless to file an insurance claim for something so small, since our rates would have gone up higher than the actual cost to fix them both. Nice guy actually...

She is trying to shake you down for some reason or another. I would call her insurance (or yours) with the make and model year of her car, asking if there is anything and supports this "claim" of hers.

 

[grlpwrd]

Yes, Britax is a very pricey brand of carseats and booster seats. Their 2005/2006 prices have increased so yes, do a price search online for the best deal.

 

[tmt martins]

If you think this is starting to be a SHAKEDOWN (and you could be right) .You have the option to tell her to report it to her Ins.and have them contact you not your INS.

Now because this will go on her record she might change her tune some and if not you will be paying directly to the INS comp.not her and still have the option to just let it go through your if you decide at that time.

My guess is she will fold like an old tent in the wind.

You should never pay directly to the person without documention and a release of all damages from accident.remember if you pay her she can still put in aclaim on you and say that payment was for something else.

 

[disneyfanatic60]

I spoke with a rep at the insurance agency (not giving them my name or any pertinent information.) What they told me was we could file a claim for the carseat but they would investigate to determine whether it they would replace it or not. They said they call the manufacturer and get their recommendation and go from there. It is not an "automatic" we replace it regardless. We explained we already spoke with the manufacturer and they use the guidelines from NSTBA which clearly states the seat does not need to be replaced. The agent said as long as we had that they would more than likely not reimburse her for the carseat.

The carseat is a Britax Cozy (Cosy) Rider. She received it as a shower gift so she doesn't have a receipt for it. I've searched all over the web and cannot locate one. Britax tells me they don't sell that model and it's possibly a model from the UK. I cannot locate it on their website either. Without something to work on, I wouldn't even know how much a replacement would even be?

I've already explained to her I would pay the damages in person directly to the mechanic. I have no intention of forwarding a check to her. If we were to replace the carseat, I would want to buy it whereas to cover my own butt down the road. I've even offered a loaner car at our expense for the two days it will take for repairs (fortunately, both places offers car at N/C except for gas).

I'm only trying to be fair. I realized she's been inconvenienced, etc. What I don't want is my DD-17 paying more than she has to for a stupid and innocent mistake.

 

[Skatermom23]

If you think this is starting to be a SHAKEDOWN (and you could be right) .You have the option to tell her to report it to her Ins.and have them contact you not your INS.

Now because this will go on her record she might change her tune some and if not you will be paying directly to the INS comp.not her and still have the option to just let it go through your if you decide at that time.

My guess is she will fold like an old tent in the wind.

You should never pay directly to the person without documention and a release of all damages from accident.remember if you pay her she can still put in aclaim on you and say that payment was for something else.

I was in a similiar situation like this when I was a teenager, except I was the one who was hit. The damage was minimal and the man wrote me a check. I only had one estimate done from a very reputable place. I didn't have time to run around and get more.
I think everyone needs to remember that the lady who was hit is doing you a favor by not contacting your insurance company. It is of no consequence to her if she files this or not. If it was me and you insisted on me having the repairs done before you paid, I would say fine, then the deal is off and file with the insurance company. I have a busy life and can't drop everything for a scratch on the car. I may have it repaired at a later date and I may not. That is your concern. Most insurance companies will also pay her directly if it is a small claim, at least all the ones I have dealt with.