Insurers being silly over child seats
Discussion
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?
popegregory said:
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?
We had similar. We sent them receipts from the purchase of the car seat and it was paid in full as part of the settlement. No quibbles, no questions, and quite quick.We were using Admiral (my insurer) as a claims management company. I did try to contact the at-fault party's insurer directly, but they were totally uncooperative so I went back to my own insurer to deal with everything.
popegregory said:
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.
budgie smuggler said:
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.
My thoughts exactly but the law is, I suppose, the law. Basically I will go via Maxi Cosi but if I get no joy I’m wondering what the strength of the argument is that I can’t mitigate losses on a policy I had no knowledge of. If they hadn’t denied it for a year and been a bit more proactive we might have been able to do things differently. Is it likely to be an ombudsman thing do you think? I can show I never had a courtesy car, even when mine was in the garage.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.
popegregory said:
budgie smuggler said:
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.
My thoughts exactly but the law is, I suppose, the law. Basically I will go via Maxi Cosi but if I get no joy I’m wondering what the strength of the argument is that I can’t mitigate losses on a policy I had no knowledge of. If they hadn’t denied it for a year and been a bit more proactive we might have been able to do things differently. Is it likely to be an ombudsman thing do you think? I can show I never had a courtesy car, even when mine was in the garage.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.
popegregory said:
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?
Their position seems laughable - product warranty, very rarely will cover items that have been damaged... maxi cosi warranty from their website (https://www.maxi-cosi.co.uk/c/24-month-warranty) -
Our 24 months warranty covers all manufacturing defects........
Our 24 months warranty does not apply to defects caused by normal wear and tear, damage caused by accidents,...
Thanks all for replies.
It’s this I think they’re getting at https://www.maxi-cosi.co.uk/c/swap-service
It’s this I think they’re getting at https://www.maxi-cosi.co.uk/c/swap-service
OverSteery said:
Their position seems laughable - product warranty, very rarely will cover items that have been damaged...
maxi cosi warranty from their website (https://www.maxi-cosi.co.uk/c/24-month-warranty) -
Our 24 months warranty covers all manufacturing defects........
Our 24 months warranty does not apply to defects caused by normal wear and tear, damage caused by accidents,...
They mean Maxi Cosi's crash replacement policymaxi cosi warranty from their website (https://www.maxi-cosi.co.uk/c/24-month-warranty) -
Our 24 months warranty covers all manufacturing defects........
Our 24 months warranty does not apply to defects caused by normal wear and tear, damage caused by accidents,...
https://www.maxi-cosi.co.uk/c/swap-service
popegregory said:
budgie smuggler said:
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.
My thoughts exactly but the law is, I suppose, the law. Basically I will go via Maxi Cosi but if I get no joy I’m wondering what the strength of the argument is that I can’t mitigate losses on a policy I had no knowledge of. If they hadn’t denied it for a year and been a bit more proactive we might have been able to do things differently. Is it likely to be an ombudsman thing do you think? I can show I never had a courtesy car, even when mine was in the garage.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.
budgie smuggler said:
They mean Maxi Cosi's crash replacement policy
https://www.maxi-cosi.co.uk/c/swap-service
That'll be a policy to tell you whether you need to replace them or not. Not a policy that actually replaces anything it would seem.https://www.maxi-cosi.co.uk/c/swap-service
Petrus1983 said:
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.
Yes I was confused about what route the OP was using. If claiming direct from the 3rd party then what admiral say isn't all that relevant to whether the seats should actually be replaced.I reported it to admiral insurance who dealt with everything two years ago. It’s now finally got to admiral law, who have come back to me saying the third party don’t want to pay for cage car seats as I didn’t attempt to mitigate losses, citing this exchange thing that I knew nothing about. They’ve also asked me to go to maxi cosi and ask them for a refund. Admiral law are washing their hands by the look of it until I speak to maxi cosi who I really can’t see are going to send me any cash but we’ll see.
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.
Sebring440 said:
BertBert said:
That'll be a policy to tell you whether you need to replace them or not. Not a policy that actually replaces anything it would seem.
It's called the "Accident Exchange Service" which would seem to disagree with your statement.- 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.
Petrus1983 said:
popegregory said:
Petrus1983 said:
Sorry - another question - who finally paid you any money for the accident - Admiral or the third party?
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