GEICO Total Loss Sales Tax Class Action Lawsuit Website is Up

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GEICO customers in Florida have secured certification of a total loss sales tax class action lawsuit.

While the website is live, it is not accepting claims yet. Top Class Actions will provide claim filing instructions as soon as they become available.

Meanwhile, viewers will receive an email notice when this article is updated with more information by using a free Top Class Actions account and clicking the “Follow Article” button at the top of the post.

The certified Class in the GEICO class action lawsuit includes those who submitted a first party claim to the insurer in Florida for a covered leased vehicle between Aug. 30, 2011 and Aug. 30, 2016.

A website has been established for those who think they may be a Class Member and want to learn more about their rights.

It is important to note that the Court has not ruled on the pending allegations that GEICO violated the terms of its policies with consumers by failing to pay sales tax and title transfer fees on vehicles determined to be a total loss.

The GEICO total loss sales tax class action lawsuit alleged that the insurer was failing to pay sales tax and title transfer fees as required under Florida law and under policies for consumers whose vehicles were subject to a total loss determination.

The GEICO class action lawsuit was initially lodged by Kerry Roth in Florida state court. In it, she claimed that her vehicle was determined to be a total loss by GEICO after an accident. Though the insurer paid for the total loss of her vehicle, the plaintiff said that she did not receive sales tax or title transfer fees.

According to the GEICO class action, GEICO breached the terms of its insurance policy with Roth as well as violated Florida law that requires insurers to pay the full costs.

GEICO managed to get the complaint removed to federal court where it was partially dismissed. However, the plaintiff won a summary judgment motion ruling that all questions regarding Florida insurance law fall the insured’s way, rather than with the insurance company.

“Sales tax and title transfer fees are mandatory parts of the replacement cost under the GEICO Policy for Plaintiff Roth’s (and the class members’) leased total loss vehicle and therefore are components of ‘actual cash value’ under the Policy,” U.S. District Judge William P. Dimitrouleas concluded in his summary judgment order.

The insurance company may still appeal the decision by the Court.

A number of insurance companies have come under fire for failing to properly reimburse policy holder for their total loss vehicle claims. Some say that they are owed hundreds and even thousands of dollars.

The plaintiff in the GEICO total loss sales tax class action lawsuit is seeking reimbursement of title fees, amounting to $75.25 in her case, and six percent of the value of the vehicle, along with any local taxes.

For more information about the GEICO total loss sales tax class action lawsuit, Class Members can call 1-888-755-9508 or email RothInfo@DahlAdministration.com.

The lead plaintiff and Class Members are represented by Edmund A. Normand of Normand Law PLLC, Christopher J. Lynch of Christopher J. Lynch PA, Bradley W. Pratt of Pratt Clay LLC, Tracy L. Markham of Avolio & Hanlon PC and Andrew Lampros of Hall & Lampros LLP.

The GEICO Total Loss Sales Tax Class Action Lawsuit is Kerry Roth v. GEICO General Insurance Co., Case No. 0:16-cv-62942, in the U.S. District Court for the Southern District of Florida.