Top Class Actions  |  April 7, 2021

Category: Closed Class Actions

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It's possible to file a lawsuit based on pain and suffering in a car accident. - american family mutual insurance

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

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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One thought on American Family Mutual Insurance $5.7M Total Loss Class Action Settlement

  1. Mr Andy M Kinsler says:

    everything

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.