Helmets in Trunk During Car Accident

[SaltyAlydar]

Hey all,

I wanted to get your opinion on something. I was recently rear ended and my car was totaled as a result. I am not at fault for the accident.

I had two riding helmets in the trunk of my car which I deem unsafe to use as a direct result of the car accident due to the impact they sustained. The insurance company, however, disagrees and refuses to reimburse me for the helmets.

Have any of you been in a similar situation or have any thoughts/advice for me?

This is just a terrible and stressful situation.

[HPFarmette]

Sorry you are going through this. Would it be possible to get some documentation from the helmet manufacturer that verifies that we need to replace helmets once they have been bashed?

Are you working with a lawyer? I did, when I got rear-ended, but I regret that I did not get them to fight harder for the settlement. 20/20 hindsight. I went through months of whiplash pain, that nearly spoiled a long-planned trip to France.

[Romany]

Poor you, and close-minded insurance company. Glad you’re OK, if stressed out about this understandably alarming incident.
Is there such a thing as an insurance industry ombudsman in the US?
Can you go further up the food chain of the insurance company? Different personalities within the machine might be more considerate.
Did you get your insurance through a broker? Maybe they can help you?
It’s quite likely they’re stalling just to get you to back off. Every penny you don’t get is a penny that stays in their pockets: insurance companies don’t get rich by being super-generous.
Other option might be to go back to the helmet manufacturers for some direction and informed support?
Best of luck.

[Nezzy]

i would not wear them, but Sorry if they are not covered. there is something on Troxel’s website about when to replace them( maybe in the FAQ area. you could always try to send that to the ins company.

[SaltyAlydar]

Thank you all for the advice! I am contacting the helmet manufacturers now and explaining my situation to see if they can help me at all. Common sense is that the helmets should no longer be used, I just wish the insurance company agreed :mad:.

Does anyone know of any good studies where they tested helmets that were dropped or suffered any impacts unrelated to a riding accident? I feel that this documentation would be useful in my argument.

[Kimstar]

Check your insurance policy wordings, both car and homeowners.

Here in Canada, most contents of an automobile are NOT covered by the auto policy. They would be covered by your homeowners policy, most likely under sports equipment. (However, that might require a specific additional policy rider.) Or if you have tack insurance, check that policy wording also.

If not covered by any of your own policies, then the at-fault driver’s auto policy policy should cover it under Third Party Property Damage. (At least that’s how it works here in jurisdictions where there is still tort liability for auto accidents. It’s been a while since I saw a U.S. Auto policy wording. If I remember correctly, they are amazing for what isn’t covered - a LOT has to be added to the “standard coverage” to get the wordings up to a level that matches our statutory policies!)

[Kimstar]

Check your insurance policy wordings, both car and homeowners.

Here in Canada, most contents of an automobile are NOT covered by the auto policy. They would be covered by your homeowners policy, most likely under sports equipment. (However, that might require a specific additional policy rider.) Or if you have tack insurance, check that policy wording also.

If not covered by any of your own policies, then the at-fault driver’s auto policy policy should cover it under Third Party Property Damage. (At least that’s how it works here in jurisdictions where there is still tort liability for auto accidents. It’s been a while since I saw a U.S. Auto policy wording. If I remember correctly, they are amazing for what isn’t covered - a LOT has to be added to the “standard coverage” to get the wordings up to a level that matches our statutory policies!)

[charismaryllis]

yes, the contents of the car should be covered under your HO or renter’s insurance. give them a call?

[jawa]

Is it your car insurance that is saying they won’t cover? Or theirs, since you aren’t at fault?

I would check the wording on your HO’s or renter’s policy to see if they are covered. But they might be less than your deductible…so not worth making a claim.

[SaltyAlydar]

@jawa;9042699

Is it your car insurance that is saying they won’t cover? Or theirs, since you aren’t at fault?

Their insurance is saying they won’t cover the helmets because there isn’t sufficient evidence the helmets were damaged. I’ve already sent them published sources saying that any impact can damage a helmet and that the damage would not be visible on the outside of the helmet, but they still aren’t accepting the claim.

[OTTBs]

I’m surprised there isn’t any outward sign of damage. When I spun my car on the wet highway and ended up smashing into the concrete barrier, (car looked like all four quadrants hit the concrete, but I think only two did) a Frisbee in my trunk broke in half and a bottle of something (lotion? shampoo?) exploded (also in the trunk.) I think the car had slowed to 20-30 mph by the time it hit.

[Engage]

Get the helmets x-rayed. That will show the damage.

[RubyTuesday]

Are the helmets Charles Owen, by chance? That company has a good reputation for being helpful.

[trubandloki]

[QUOTE=OTTBs;9042943]
I’m surprised there isn’t any outward sign of damage. When I spun my car on the wet highway and ended up smashing into the concrete barrier, (car looked like all four quadrants hit the concrete, but I think only two did) a Frisbee in my trunk broke in half and a bottle of something (lotion? shampoo?) exploded (also in the trunk.) I think the car had slowed to 20-30 mph by the time it hit.[/QUOTE]
I had a similar experience. We were T-boned by a car going about 45, impact was at the front side of the driver’s door.
I had an unopened 12 pack of soda in the trunk area. There were several exploded, well bent soda cans that parted ways with the box and ended up in very weird places.