Insurers being silly over child seats

Hi all. I was hit from behind two years ago. To start with their driver tried denying it and it took over a year for them to admit liability. Now they’re refusing to pay for replacement car seats saying maxi cosi have a warranty in place to cover this. I was told by admiral to get them replaced immediately and had no idea, I’ve told their law friends (who I seem to be doing a LOT of the work for!!) that the other sides insurers can ring them if they like, but was wondering if anyone had had similar and what you did?

Been a while since I worked in insurance but you have a duty to mitigate losses. However that normally just means you have to take 'reasonable' steps not to incur expenses which could have been avoided. E.g. not hiring some massive SUV when you only need a fiesta.

I would think it's entirely 'reasonable' to simply replace the child seats if you were not aware of Maxi Cosi's replacement policy.

Honestly though, what time-wasting tight-arse dickwads niggling over this on a fault accident.

Don't worry, it's not "the law", and you don't have a contract with the fault party's insurer, only with yours. You did what your insurer, the only party with whom you have a contract, told you to do, ergo, you're in the clear. If it ever got to court or ombudsman, they'd lose.

Thanks all for replies.

It’s this I think they’re getting at https://www.maxi-cosi.co.uk/c/swap-service

As I said, I think it would pass the 'reasonableness' test in court regardless, should it get that far, which it wont.

Admiral at all levels of their coverages cover new car seats for infants. Are you claiming via Admiral or the TP? Either way you're covered but does seem a hassle not needed.

It's called the "Accident Exchange Service" which would seem to disagree with your statement.

I'd tell the insurance company to communicate their final decision in writing and request details of their dispute resolution service. Then advise if that isn't successful you will raise a case with the Ombudsman. And if that isn't successful you will raise a Money Claim Online against them, and they can tell their view to a judge. Unfortunately, you are going to have to make life awkward for them, but you should easily be able to make them realise that paying you the money to replace the car seats is going to be a much easier path for them.

Admiral paid out for the seats

At the bottom of that page -

• This service does not apply for second hand car seats and bases.
• If your insurance cover includes your child car seat we will send you written confirmation that your old car seat (and possible base) is not safe for future use.

Which seems to imply that they will only provide replacements if they are not covered by your insurance, and if they are then they will simply provide the evidence that a replacement is needed to the insurance company.