Achziger v. IDS Property Casualty Insurance Company
Achziger v. IDS Property Casualty Insurance Company
Case No. 3:14-cv-05445-BHS

Welcome to the Achziger v. IDS Property Casualty Insurance Company Settlement Website

If you had an auto insurance policy in Washington issued by the IDS Property Casualty Insurance Company and made a claim for damage to your vehicle after April 4, 2008, you may be a member of the proposed settlement class described below and able to get a payment from this class action Settlement.

Important Update Regarding the Final Settlement Hearing:

The Final Settlement Hearing was held on June 22, 2020, and the Court approved the Settlement on the same day. You may review the Court's Order here.
 

What is this lawsuit about?

Plaintiff claims that when certain automobiles sustain damage to their structural systems and bodies, they cannot be fully repaired to their pre-accident condition, causing the vehicles to suffer a loss in value called “diminished value.”  Plaintiff alleges that the IDS Property Casualty Insurance Company failed to pay or pay adequately for this type of loss under its Washington insurance policy’s Comprehensive/Collision and/or UIM PD coverages, and that such an alleged failure to pay is a breach of the IDS Property Casualty Insurance Company’s automobile insurance contract. The IDS Property Casualty Insurance Company denies that it did anything wrong.

After this matter was filed, Judge Settle rejected Class Certification, and his ruling was then reversed by the Court of Appeals.   After Judge Settle’s rejection of Class Certification was reversed by the Court of Appeals, both sides agreed to a Settlement, which, if approved, brings the litigation to an end.  That way, Plaintiff and the Defendant avoid the cost, delay, and uncertainty of moving forward in litigation, and the Class Members may get payments.  The Class Representative and his attorneys think the Settlement is best for the Class Members.

Who is included?

You are a member of the proposed Class if the IDS Property Casualty Insurance Company paid to have your insured vehicle repaired under the Comprehensive/Collision and/or UIM PD provision of an IDS Property Casualty Insurance Company policy issued in Washington; and

  1. the repair estimate on your vehicle (including any supplements) totaled at least $1,000; and
  2. your vehicle was no more than six years old (model year plus five years) and had less than 90,000 miles on it at the time of the accident; and
  3. your vehicle suffered structural (frame) damage and/or deformed sheet metal and/or required body or paint work.

You are not a part of the proposed Class if, at the time of your accident, (a) your vehicle was leased, (b) your vehicle was declared a total loss, (c) you are currently employed by the IDS Property Casualty Insurance Company, (d) your claim did not involve an uninsured or underinsured motorist and your insurance policy contained an exclusion for diminished value (Amendment AMWA 13a-d), and e) accidents occurring before April 4, 2008.

 

 

YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT

Option 
Event
Submit a Claim Form
August 6, 2020 (postmarked) 
This is the only way to get a payment. You can submit a Claim Form online. You must submit a Claim Form to receive a payment in connection with this Settlement.
Comment or Object
May 12, 2020 (postmarked) (passed)
Write to the Court about what you think about the Proposed Settlement. If you plan to object or comment on the Settlement, you must also mail a copy of your comment or objection to Class Counsel and Counsel for IDS Property Casualty Insurance Company postmarked no later than May 12, 2020. Your objection must be filed with the Court by May 22, 2020.
Go to the Hearing
May 12, 2020 (postmarked) (passed)
If you would like, you may ask to speak in Court about the fairness of the Proposed Settlement. Written requests to appear before the Court must be submitted by May 12, 2020 in order to speak at the Final Hearing on June 22, 2020. You do not need to do this to receive a payment under the Settlement.
Ask to be Excluded
May 12, 2020 (postmarked) (passed)
Get out of this Proposed Settlement. Get no benefits from it. Keep your rights.
Do Nothing You will get no payment if you do not submit a Claim Form and you will still be bound by the terms of the Proposed Settlement.

For More Information

Visit this website often to get the most up-to-date information.

Mail

Achziger v. IDS Property Casualty Insurance Company
c/o JND Legal Administration
PO Box 91231
Seattle, WA 98111