Top Class Actions  |  January 9, 2023

Category: Closed Class Actions

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This settlement is closed!

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Black vehicle with damage on the front bumper, representing the American Family insurance total loss class action settlement.
(Photo Credit: Bilanol/Shutterstock)

American Family Insurance Co. agreed to a settlement worth more than $2.2 million to resolve a class action lawsuit claiming it violated Washington law by underpaying total loss claims.

The settlement benefits individuals insured under a Washington American Family policy who were paid because a vehicle they owned (not leased, rented or borrowed) was declared a total loss and who received a total-loss valuation based on an “Autosource” estimate that took a “typical negotiation” discount.

Plaintiffs in the total loss class action lawsuit accused American Family Insurance of violating Washington law by taking deductions for “typical negotiation” and “condition” when paying total loss claims. As a result of these practices, policyholders were allegedly underpaid.

American Family Insurance offers a range of insurance products including car insurance, renters insurance, home insurance, life insurance and more.

American Family hasn’t admitted any wrongdoing but agreed to pay $2,238,335 to resolve these allegations.

Under the terms of the American Family total loss settlement, class members can receive a cash payment based on the amount that was deducted from their total loss payment for “typical negotiation” discounts. 

According to the settlement website, each claimant is anticipated to receive around 65% of the deductions taken from their total loss payments.

The deadline for exclusion is Feb. 6, 2023. The deadline for objection is Feb. 22, 2023.

The final approval hearing for the settlement is scheduled for March 10, 2023.

To receive a settlement payment, class members must submit a valid claim form by April 21, 2023.

Who’s Eligible

Individuals insured under a Washington American Family policy who were paid because a vehicle they owned (not leased, rented or borrowed) was declared a total loss and who received a total-loss valuation based on an “Autosource” estimate that took a “typical negotiation” discount.

Potential Award

Varies

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

04/21/2023

Case Name

Yermakovych, et al. v. American Family Mutual Insurance Co., Case No. 21-2-09966-8, in the Washington Superior Court for the County of King

Final Hearing

03/10/2023

Settlement Website
Claims Administrator

Yermakovych v. American Family Insurance Settlement Administrator
P.O. Box 6175
Novato, CA 94948-6175
admin@WATotalLossSettlement.com
866-755-1875

Class Counsel

Mark A Trivett 
Duncan C Turner
BADGLEY MULLINS TURNER PLLC

Daniel R Whitmore
LAW OFFICES OF DANIEL R WHITMORE

Defense Counsel

Christopher M Assise
SIDLEY AUSTIN LLP

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10 thoughts onAmerican Family Insurance total loss $2.2M class action settlement

  1. Danielle Dideon says:

    I submitted my claim in January after receiving a letter in the mail stating that I was eligible as a claimant. I have not received any type of correspondence since then. I do feel I was underpaid for the total loss of my vehicle, not to mention, treated so poorly by American Family during the entire insurance process. So much so that I switched insurance companies after the whole thing was over. It looks like the settlement is now closed. When should I expect to receive compensation?

    1. Teressa Balaoro says:

      I submitted. Claim and have not heard back.

  2. Elizabeth says:

    I was never notified of this lawsuit and had a total loss in Oct 2021. They had a third party use a formula to come up with the settlement and did not use comps nor give me tax or license fees.

  3. Alfreda Brundidge-Smith says:

    Add me in PA

  4. Pearl Reynolds says:

    Add My Name

  5. ANGELA MCKENZIE says:

    my claim was a home owners insurance claim. They paid no where near what was needed for the repairs. i ended u going an entire year without the repairs and i was just abe to finish getting the repairs done this year and i had to spend money out of my pocket… I really do not understand why

  6. Doreen Messina says:

    I agree, I am also in California, and was vastly underpaid by this company under my homeowners policy. I have gone back to them over and over with receipts to prove under payment. They make it extremely difficult to contact them by phone, email, or mail.

  7. Regina Greenfield says:

    I would like to know how can I go about sueing KIA My car stole out of my driveway I get up to take of my handicap mother business and looked there was no car in my driveway plus I had to miss work. This happened 1/4/23 now I have to get it fix and have to give a friend 20.00 a day for transportation they broke my steerwheel column and passager window I need help my mom count on me.

  8. ANGELA KEE says:

    Mine was rental insurance. My whole apt was covered in mold. We kept getting sick then they threw away my brand new furniture clothing photos papers everything in my apt. Me and my kids had to stay with my son. The ins nor complex helped me with nothing. I was homeless. 😭

  9. Gale B De Rosa says:

    This happened to me in CA with AmFam in 2018. Can you pursue them in CA, please?

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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.