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
- the repair estimate on your vehicle (including any supplements) totaled at least $1,000; and
- 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
- 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.