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This settlement is closed!
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Consumers who are insured by American Family Mutual Insurance may be able to benefit from a $5.7 million class action settlement.
The Class includes anyone who was insured by American Family Mutual Insurance under a Washington policy and who was paid because a vehicle they owned — rather than rented, borrowed, or leased — was declared a total loss under one of their American Family Mutual First Party Coverages (Comprehensive, Collision, and Underinsured Motorist (UIM)) and received a total loss valuation from American Family Mutual Insurance based on an Autosource estimate that took a “typical negotiation” discount.
The amount of each Class Member’s payment will depend on how much was deducted from the claimant’s Autosource valuation through the “typical negotiation” discount — between 2 percent and 12 percent of the vehicle’s value.
The settlement payment is expected to be about 75 percent of the amount of the “typical negotiation” adjustment.
Consumers with claims for accidents with dates of loss before April 17, 2013, or after Oct. 16, 2020, are not eligible to participate in this settlement.
Also excluded are those who had claims in which the total loss was on a a “non-owed” vehicle, such as those under lease) and those who had claims in which the insured party submitted written evidence in support of a different valuation and American Family Mutual Insurance paid the amount of that different valuation to settle the total loss.
The judge, their staff, and American Family Mutual Insurance employees also are excluded from participating.
The lead plaintiff in a class action lawsuit had alleged that in settling claims using valuation reports using data from Audatex’s Autosource system, American Family Mutual Insurance improperly deducted “typical negotiation” that was not factually supported or reasonable, and not allowed under Washington law.
Allegedly, these “typical negotiation” discounts resulted in the underpayment of total loss claims.
American Family Mutual Insurance denies any wrongdoing, and a court has not found in favor of either party.
The final approval hearing has already been held.
The deadlines to object to or to ask to be excluded from the settlement have passed.
Claims must be submitted online or postmarked by April 8, 2021.
Who’s Eligible
Anyone who was insured by American Family Mutual Insurance under a Washington policy and who was paid because a vehicle they owned — rather than rented, borrowed, or leased — was declared a total loss under one of their American Family Mutual First Party Coverages (Comprehensive, Collision, and Underinsured Motorist (UIM)) and received a total loss valuation from American Family Mutual Insurance based on an Autosource estimate that took a “typical negotiation” discount.
Potential Award
Varies.
- The amount of each Class Member’s payment will depend on how much was deducted from the claimant’s Autosource valuation through the “typical negotiation” discount — between 2 percent and 12 percent of the vehicle’s value.
- The settlement payment is expected to be about 75 percent of the amount of the “typical negotiation” adjustment.
Proof of Purchase
Emails, customer service chat logs, repair records, insurance claims, Return Merchandise Authorization confirmations, or other credible evidence of microphone or speaker failure.
Claim Form
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Claim Form Deadline
04/08/2021
Case Name
Tereshchenko, et al. v. American Family Mutual Insurance Co., Case No. 19-2-07123-6 in Pierce County (Tacoma) Washington Superior Court
Final Hearing
02/26/2021
Settlement Website
Claims Administrator
Tereshchenko v. American Family Mutual Insurance Co.
Claims Administrator
P.O. Box 43501
Providence, RI 02940-3501
Class Counsel
Stephen M. Hansen
LAW OFFICES OF STEPHEN M. HANSEN PS
Scott P. Nealy
LAW OFFICE OF SCOTT P. NEALY
Defense Counsel
Theodore R. Scarborough
SIDLEY AUSTIN LLP
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