So I rear-ended someone tonight and wrecked the family car. Awesome. No one was hurt (other than my poor car I've had for 10 years). My 4 year old was in the car with me and is fine. We barely hit the person, but with the height of his truck and my bumper = my crunched up car. The airbag didn't go off.
I would totally prefer to have my carseats replaced, but the claim agent on the phone (State Farm) said they only replace them if I was rear-ended or hit on the side. Not if I rear-end someone else.
What makes the difference of being hit by the back or by the front? Has anyone else pushed to get new seats? Did you have to negotiate that?
Honestly, they probably are fine. But it's one of those things that makes me worry a little. Ya know?
Technically- it may not be ruled as my fault. The guy I hit, rear-ended the guy in front of him first. I didn't even see brake lights. We were all taking off on a green light.
And, I have full coverage. Doesn't that cover everything in the car?
Thanks for the info so far. I will replace them myself if need be. That's just another $400 - 600 I didn't need to spend right now. And yes, the police were called and thankfully I wan't issued a citation. And to note, not that it makes a hill of beans, I never saw brake lights to know that we were stopping at all. I had just taken my foot of the brake and barely accerelated when I hit him. I will definitely keep more distance in the future, but don't think I was up his butt to begin with. I just couldn't see the vehicle stopping in front of him since he was in a large truck and I was in a low riding car. I know I sound defensive. :) Not trying to be. I'm just really shocked that it happened. I got that 20% discount for being a good driver for a reason....now that is gone, too. :(
UPDATE: We are getting new seats. Julie hit the nail on the head with the list of what is considered a minor accident - leaving the seats *technically* safe per the insurance company. Because I couldn't drive my car away, we will be reimbursed the price for the seats. What a relief!!!! It just makes me feel better. NOw to wait until they tell me if the car is repairable or if we have to start looking for a new one.
Second Update: I should add that they look at how you are hit, too. If from the front (like me rear-ending the guy in front of me), she explained that the engine takes on most of the impact, where being hit from behind or the side does not.
I would have replaced them myself regardless after I had time to really think about it (and get some sleep) --- but the insurance companies now have restrictions....or at least State Farm does. I had to really fight this folks. The ONLY reason she (the claim agent) agreed --after speaking to her supervisor--- was because my car wasn't drivable after the accident. I had a broken radiator. If I was able to drive off (no broken radiator), they WOULD NOT reimburse my seats. I will not have acces to the old seats as of yet, but will cut the straps and dispose of them properly when I do.
I do not see why it should make a difference, how you were hit. But i was barely rear ended once and they made me replace the car seats. This was Allstate. you know sometimes the claim agents have it wrong, try to speak to a suprevisor or someone else...
I simply submitted the carseat info (receipt if you have it or info showing cost) and it was replaced. In my case, we were reended but in this case, point out that they should be replaced if in ANY accident. If they don't replace it, you still should.
If you are that worried replace the carseats yourself...problem solved!
You might talk with someone at the fire department. Perhaps they can explain it better than I can. Where the car impacted determines what pressures are put on the car seat. You were driving straight ahead so the car seat was forced in a straight line. It's really no different than coming to an abrupt stop without hitting something. Actually the agent should've been able to explain this to you.
It is reasonable to not replace the car seats. They were not twisted or impacted directly, so there was no force on them that they weren't designed for.
This has happened to many many people and their seats have not been replaced and their children are safe. You need to trust the insurance company. You can always replace the seats yourself but I do think it would be a waste of money.
I'm a retired police officer, seen many accidents and believe that the car seats are still safe.
RE: liability. Technically you are at fault. You should've been able to stop before hitting the truck. I know this from personal experience. The same thing happened to me. I was the third or fourth car back. I learned to keep a good distance from the car in front of me, even at stop sign or light. You should be able to completely see the rear tires of the car in front of you when you stop.
Full coverage covers your car; not everything in your car. Say, you're carrying a TV in your trunk. The TV is not covered by your car insurance. However, your home owners insurance may cover it. I suggest you talk with your agent who can explain your policy to you. You should have a copy of it and I'd read that first.
This happened to my sister. She actually rear ended my dad in his truck! Her agent is a friend and was honest with her. The difference is you rear ending is your fault, someone rear ending you would be their fault. When it's your fault, they don't have to pay. Unfortunately, it's simple as that. Unless, you have something stipulated in your insurance that they pay for cost of all damage (including items in your car, like car seats), whether it's your fault or not, they are not obligated to pay. That's what she told my sister.
It has nothing to do with where you got hit, and rear ending someone damaging them less. It totally comes down to money, and they don't have to pay when it's your fault. You can try, of course. It never hurts to try.
**She was able to get hers replaced, but of course her friend was her agent.
I'm an insurance agent in AZ. First, there is no such thing as "full coverage". If you had killed someone, trust me, you would not have been "fully covered". Your insurance company will only pay up to the limits you coose (liability) on your coverage. That being said, you were probably too close to stop in time so you would be at fault. Were the police called? The insurance company *usually* goes by what the officer writes on the report. If the police weren't called, they should have been, otherwise its "he said/she said". Worse case, replace them yourself. Better to be safe than sorry. Good luck.
Wow, State Farm must have changed since my kids were in car seats. I did a bumper taper and they asked do you have car seats in the car. I said yes, they said replace them and paid for them. I think the car seats cost more than the damage to the car.
Um, I have been in a mess of accidents, well my family, you are at fault for the car in front of you and he the car in front of him. You must have reasonable control of your car. Since it is reasonable that a car can stop in front of you you must maintain a distance sufficient to stop. You didn't, you hit him they will rule you at fault for the car in front of you.
I have raised two teens that liked to play bumper cars. At one point I had the insurance company on speed dial. :(
I was in an accident in January where someone hit my car from behind. We both had Allstate. He was found to be at fault, and his insurance paid for the car seat replacement in full.
Check with the manufacturer of your car seat. For example, I went to Graco and Britax websites, and these companies each have a very different stance on this issue.
Copied from GRACO FAQ Section:
"I was recently in an accident. Do I have to replace my child's car seat? There doesn't appear to be any damage."
GRACO ANSWER:
"Yes. You must replace your child's car seat if it was involved in an accident, no matter what. Even if there appears to be no damage to the car seat on the surface, the impact and force of a collision can cause unseen structural damage to the interior of your car seat. Any such damage may prohibit your car seat from properly protecting your child in the event of a sudden stop or crash.
Some insurance carriers will reimburse you for the replacement of a new car seat if it was in a crash. Check with your insurance carrier for more details."
Copied from BRITAX FAQ section:
"Q. Can I continue to use my child seat after it has been involved in a crash?"
A. "BRITAX recommends that the use of a child seat be discontinued if it has been in a moderate to severe crash. We further advise of the National Highway Traffic Safety Administration (NHTSA) position that it is not necessary to replace a child seat after a minor crash.
A minor crash is one that meets ALL of following criteria:
The vehicle was able to be driven away from the crash site; AND
The vehicle door nearest the child restraint was undamaged; AND
There were no injuries to any of the vehicle occupants; AND
The air bags (if present) did not deploy; AND
There is no visible damage to the child seat."
Check with your manufacturer to see whether your seat needs to be replaced based on the specific details of your accident.
If the impact wasnt great enough to deploy the air bags, your seats are fine.
Unless you have a Britax, the car seat manual probably states that the seats need to be replaced in any accident. Britax seats are a bit more lenient.
Read the manual to the agent where it says "replace if in an accident". If they still refuse, tell them you want a letter from the company assuming all responsibility if the seats fail to provide proper safety restraint in a future accident. (That usually gets them to replace them pretty fast).
IDK in the law is different outside of CA but state farm has replaced my car seats 2 times. The first my husband was following a delivery truck in a residential neighborhood and the truck stopped and backed on top of my poor accord. My husband was not in motion at all and seats were replaced. I had to buy them and submit receipts but it took maybe a week to get a check. The second time my dad was driving in UT and we hit a 400 lb buck. We had to finish the drive home but bought seats as soon as we got home and got a check a week later. In the first accident they were probably fine but there is no way to tell. In the second they may have been fine but there was a bigger impact and lots more jerking around.
As far as I know there are some instances where they are not required to replace them but most companies prefer to do so (at least in CA) because if something were to happen subsequently and they did not replace them they will have a LOT more trouble on their hands. I am really glad you all were ok. Hopefully your insurance will figure out that they better insure themselves that everything is ok and let you get new seats. They should be safe and not sorry.
Good Lord.....our world revolves around money...doesn't it? I think if you have full coverage and have an accident...reguardless of who is at fault....you should have the carseats replaced. I just paid my dealership upwards to $300 to have somekind of cluster replaced because my seatbelt light was coming on ...on the dash. Because everything is computer based...I wanted to make damn sure I wasn't riding around with my seatbelts fastened....thinking they were working....and they weren't.
It is entirely possible that you won't be found totally at fault.
Years ago, I rear-ended some woman who decided to slam on her brakes at a green light for no other reason than she was confused and thought she was in the left turn lane (which had a yellow light). I rear-ended her, and barely missed getting rear-ended myself. Several witnesses gave statements to the responding police officer to tell them that the woman had suddenly stopped at a green light.
The officer cited the woman for failure to proceed at a green light and for stopping on a state highway. My insurance company said that because she was cited by the police for those moving violations, I was found to be only 30% at fault. They also told me that the woman wanted to claim injuries (it was a very low impact crash), but decided not to because she was found partially at fault and probably would have had her own insurance rates raised if she had.
Sorry to hear about your accident. I am the only person I know who has rear-ended someone and was not found to be totally at fault. I hope all goes well with your claim and your new car search.
Oh, and I think your car seats are fine. Like Marda said, it is really no different than slamming on your brakes really hard since there was no impact from behind.
If you have full coverage, insurance should still cover it. You might have to tell them the rule of car seats is if there is any damage to the vehicle, car seat is void and has to be replaced. I know I've had to replace mine several times, college town, students don't pay attention and rear end a lot, but we always had to replace them ourself and turn in our receipt to be refunded.
Good luck!
State Farm will give back your discount after 3 years...it happens. Just be happy no one was hurt.
I have unfortunately had to have my son's car seat replaced 3 times.... after 2 rear end collision, and one front impact when some idiot turned left right in front of me. In all 3 cases, no air bags deployed, no injuries, and my car was driven away. I have Tennessee Farm Bureau insurance and they told me to purchase a new car seat that was comparable to mine (same brand and model if possible), and send them a copy of the reciept. They added that amount to the check that they sent me for repairs and in the last one for the car because they deemed it totaled.
I should add that in the first 2 accidents, my son wasn't even with me, but his car seat was installed into the car.
The child car seats MUST be replaced. Your agent is incorrect. Regardless though, you buy new child car seats and submit copies of the store receipt. Insist that they be covered as part of the claim.
And no, the seats are NOT probably fine. Please don't use them again. Throw them away immediately and cut the straps on them so that no one else can use them either. They're useless now.
We were recently in an accident and according to the NHTSA, they need to be replaced if ANY of the following is true:
Car could not be driven from crash site;
Door nearest car seat was hit;
Airbag(s) deployed;
anyone was injured;
or there was visible damage to the car seat.
Here is the link:
http://www.nhtsa.gov/people/injury/childps/childrestraint...
