Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
This settlement is closed!
Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!
Commerce West Insurance has agreed to pay more than $390,000 to resolve claims that they failed to cover diminished value in damaged vehicles.
The settlement benefits Washington residents who had their insured vehicle repaired after an accident under the uninsured/underinsured motorist property damage provision of their Commerce West Insurance policy. More information about vehicle requirements is available in the “Who’s Eligible” section below.
Plaintiff Arlene Ball filed her Commerce West Insurance class action lawsuit in May 2019, alleging that the company fails to properly compensate policyholders when their vehicles are damages.
According to Ball, vehicles may suffer losses in the form of “diminished value” following an accident. This damage may occur if the structural systems and bodies of a vehicle are unable to be fully repaired to their pre-accident condition.
Although diminished value presents a real loss for vehicle owners, Commerce West Insurance allegedly refused to compensate policyholders for this type of value loss.
Ball claimed that Commerce West Insurance violated their own insurance contracts by failing to compensate policyholders for diminished value losses.
Commerce West Insurance has not admitted any wrongdoing in the class action lawsuit but has agreed to resolve the claims against them in a $390,960 settlement. Instead, the settlement allows all parties to resolve the claims and avoid the cost and uncertainty associated with litigating the issue through a trial.
The settlement will provide proportional payments based on a Class Member’s repair cost, if any past payments for diminished value were made, and the net settlement fund. The settlement website estimates that these payments will likely be in the range of several hundred dollars.
In order to benefit from the Commerce West Insurance class action settlement, Class Members must file a valid claim form by Sept. 7, 2020. A claim ID and passcode is required to submit a claim online, but claims can also be printed and mailed to the settlement administrator.
If a Class Member experienced multiple qualifying accidents, they need to submit a separate claim form for each incident.
The Commerce West Insurance class action settlement also provides up to $7,500 in a service award for Ball and her work in the case as named plaintiff. Class counsel plans to ask for up to 23.33 percent of the settlement fund along with other reimbursement to cover court costs and attorneys’ fees.
The deadline for exclusion and objection is June 24, 2020. Failure to file a claim or exclude oneself from the Commerce West Insurance class action settlement will result in no compensation but will also void a Class Member’s legal rights to take further action for the same issue.
The final approval hearing is scheduled for July 24, 2020. If the settlement is given final approval and no appeals are filed, Class counsel estimates that checks will be mailed around January 2021.
Who’s Eligible
Washington individuals who had their insured vehicle repaired after an accident under the uninsured/underinsured motorist property damage provision of their Commerce West Insurance policy, where the following apply:
- The repair estimate on the vehicle was at least $1,000;
- The vehicle was no older than six years old and had less than 90,000 miles on it at the time of the accident; and
- The vehicle suffered from structural (frame) damage/deformed sheet metal and/or required body or paint work.
Potential Award
Varies, with estimates in the range of several hundred dollars.
Payments will be distributed on a proportional basis based on a Class Member’s repair cost, if any past payments for diminished value were made, and the net settlement fund.
Proof of Purchase
N/A
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
9/7/2020
Case Name
Ball v. Commerce West Insurance Company, Case No. 19-2-08244-1, in the Pierce County Superior Court for the State of Washington
Final Hearing
7/24/2020
Settlement Website
Claims Administrator
Ball v. CWIC Settlement Administrator
c/o CPT Group Inc.
50 Corporate Park
Irvine, CA 92606
CWICSettlement@cptgroup.com
1-888-992-0610
Class Counsel
Scott P. Nealey
LAW OFFICE OF SCOTT P. NEALEY
Stephen M. Hansen
LAW OFFICES OF STEPHEN M. HANSEN PS
Defense Counsel
Gavin Skok
FOX ROTHSCHILD LLP
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
Honda, Hyundai, Kia, Subaru vehicle data collection class action lawsuit investigation
May 17, 2024 | Legal News
