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This settlement is closed!
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A class action settlement has been reached over allegations United Services Automobile Association improperly failed to include the appropriate amount of sales tax when making some Actual Cash Value Payments.
If you were insured under a Florida Automobile Insurance Policy issued by USAA and had at least one total loss auto insurance claim between Oct. 17, 2008 and Oct. 15, 2016, you may be entitled to payment from the USAA class action settlement.
This USAA class action settlement includes United Services Automobile Association, USAA Casualty Insurance Company, Garrison Property and Casualty Insurance Company, and USAA General Indemnity Company.
A total loss refers to a vehicle that is damaged in an accident that is determined by USAA to be a total loss. Generally, USAA will make this determination if the cost to repair the vehicle would be greater than the vehicle’s actual cash value minus the salvage value. Vehicles that have been deemed a total loss are frequently called a “totaled vehicle.”
An actual cash value payment is a payment made by USAA under a Florida auto insurance policy based on an estimate of the cost of buying a comparable vehicle at the time of the loss. A comparable vehicle would include a vehicle of the same make, model, year, and body type with similar mileage and physical condition, minus any applicable deductible.
The plaintiffs allege USAA breached its agreements to policyholders by failing to include in payments for totaled vehicles an amount for sales tax that would be imposed on a comparable vehicle that was purchased.
USAA denies the allegations set forth in the class action lawsuit and maintains it complied with the insurance policy terms and with applicable law. However, it has agreed to settle the sales tax class action lawsuit to avoid the expense and uncertainty of ongoing litigation.
The USAA class action settlement was preliminarily approved on June 5, 2017.
Who’s Eligible
Class Members include anyone who was insured under a Florida auto insurance policy issued by USAA and who suffered one or more total losses to their vehicles between Oct. 17, 2008 through Oct. 15, 2016 and received an actual cash value payment.
Potential Award
Varies. Class Members will be compensated for the full sales tax that would be paid if they were purchasing a comparable vehicle, plus eight percent of that amount.
Proof of Purchase
Class Members should follow the instructions on the Claim Form carefully and provide all requested information. Claimants must sign the Claim Form under penalty of perjury.
Claim Form
Claim Form Deadline
11/23/2017
Case Name
Chantal Bastian, et al. v. United Services Automobile Association, et al., Case No. 3:13-cv-01454-J-32MCR, in the U.S. District Court for the Middle District of Florida
Final Hearing
10/24/2017
UPDATE: The Florida USAA Auto Sales Tax class action settlement was granted final approval on November 1, 2017. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
Settlement Website
www.USAAFloridaAutoSalesTaxSettlement.com
Claims Administrator
USAA Sales Tax Settlement
c/o Dahl Administration
P.O. Box 3614
Minneapolis, MN 55403-0614
1-866-276-3799
info@USAAFloridaAutoSalesTaxSettlement.com
Class Counsel
Christopher B. Hall
HALL & LAMPROS LLP
Tracy L. Markham
AVIOLO & HANLON PC
Defense Counsel
Kristen M. Van der Linde
BOYD & JENERETTE
Stephen E. Goldman
Wystan M. Ackerman
Benjamin C. Jensen
ROBINSON & COLE LLP
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31 thoughts onFlorida USAA Auto Sales Tax Class Action Settlement
I never recieved any settlement check and I fill all applicable documentation prior to all deadlines
What if I missed the claim deadline? I was not informed until the claim deadline was pasted due.
I have user so does my father we both had a total loss during the time the tax was improperly paid. I sure wish we would have been aware of this suit I just happened upon it. Someone should keep track of who should be eligible within the data base of the defendant. There has to be someway to track information so individuals are notified prior to action in regards to any type of suit against a business entity to wit they had previous dealings. I had absolutly no clue such a suit was in existence or would have made a point to make contact as I ALSO had a vehicle that was stolen and USAA would not pay the claim whatsoever. This was with first had info of the theft as well as our distress over it by our town police. Several officers willing to give statement of the legitimacy of the theft. We diligently sought recovery of the automobile as well as the information regarding the perpetrators identity and whereabouts WE DAMN NEAR HUNTED THE PERSON DOWN TO QUESTION HIM, AND MAKE SURE HE WAS ARRESTED. My husband lost a very good job of 4 years with wonderful benefits when USAA REFUSED TO PAY CLAIM. If that was not bad enough I was receiving cancer treatment from physicians I could no longer see with ins I could no longer use when he lost that job. Plus we found the car it was totaled and in a tow yard we couldn’t pay fee on for car we couldn’t drive anymore anyways because of refusal of company to cover it. It led to the breakup of an 18 year marriage due to the strain of neither of us being able to attain employment after the car was gone. Hell I used to joke my husband loved that car more than me. Its just too bad some companies completely refuse to do the legal, legitimate. proper and decent thing in the face of those types of situations. The car I had that was totaled that they did pay on should have been under this suit. I believe if we received sales tax it was slim to none.
My check arrived today 05/29/18
Received about half of the sales tax i am owed…… objecting for sure! Good thing i printed and saved all documents for the wreck…. because you have to have proof and USAA deletes files after a certain period. Also seen they charged me a deductible when it was the other parties fault… took it out my total for the car… o boy just wait til Tuesday….
My check came too!