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

Frequently Asked Questions

 

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  • You have received a letter (called a “Notice”), and the enclosed Blue Claim Form, because the records of the IDS PROPERTY CASUALTY INSURANCE COMPANY show that you were an insured who made a claim  under your Comprehensive/Collision and/or UIM PD coverages for property damage to your insured automobile for an accident occurring between April 4, 2008 and January 14, 2020, and who meet certain other requirements (set forth in Question 5).

    The class action suit has been pending since April 4, 2014. It has now been resolved for up to $5,212,600. If the Settlement is approved, you may be eligible for benefits that will be provided as part of the proposed Settlement. The Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them. If you wish to receive money from or comment upon (including stating any objection to the Settlement) you must do so following the procedures described below. If you do nothing, you will not receive any money but will bound by the Settlement terms and any final judgment.

    The Court in charge of the case is the United States District Court for the Western District of Washington, and the case is known as Achziger v. IDS Property Casualty Insurance Company, Case No. 3:14-cv-05445-BHS. The person who brought this suit is called the Plaintiff.

  • 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.

  • In a class action, one or more people called Class Representatives, sue on behalf of people who have similar claims. All of these people are part of a “Class.” One court resolves the issues for all Class Members, except for those who have previously excluded themselves from the Class. United States District Court Judge Benjamin H. Settle is presiding over this proposed class action.

  • After this matter was filed, Judge Settle rejected Class Certification, and his ruling was then reversed by the Court of Appeals. 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.

    You may be eligible to receive money from this Settlement, if you are a Class Member and you submit a valid claim form.

     
  • 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.

     
  • Each Class Member who submits a valid claim form will receive a payment that will depend on his or her vehicle repair costs. For Class Members who qualify for a payment, that payment will be calculated pursuant to a formula. That formula is the Settlement funds available to Class Members (i.e., $5,212,600 minus attorneys’ fees and costs and incentive payments to the Class Representative) multiplied by a ratio of the class member’s individual repair cost to all class members’ aggregate repair costs. If a class member’s vehicle was involved in a prior accident, the formulaic payment will be reduced by one-half. Not everyone who receives this Notice will be eligible for payment. The average payment for qualified Class Members will likely be several hundred dollars, reduced by any payment for diminished value you have already received from IDS. You can only receive your share of the Settlement if you submit a Valid Claim Form by August 6, 2020. You may submit a claim form electronically.

     
  • To qualify for payment, you must be an eligible Class Member (see Question 5) and submit a valid Claim Form. The Claim Form, which is one Blue page, is enclosed with this Notice. Read the instructions carefully and, if you wish to make a claim, fill out the form, sign it, and submit it online, or by mail postmarked by August 6, 2020. If you had two (or more) qualifying accidents, you will receive a Claim Form for each, and will, if you wish to assert a claim for each, need to submit a Claim Form for each qualifying accident.

  • The Court held a hearing on June 22, 2020, to decide whether to approve the Settlement, and the Settlement was approved on the same day as the hearing. If there are no appeals, we estimate that checks will be mailed around January 2021. You will get your payment after all appeals have been concluded and the Settlement is approved with no further appeals possible.

    We will provide regular updates of the status of the Settlement to all people who submit Claim Forms on this website. Please be patient.

  • If you excluded yourself from the Class by “opting out,” you won’t get any money or benefits from this settlement. However, you will retain any right you currently have to make your own claim against the IDS Property Casualty Insurance Company.

    To ask to be excluded, you must have sent a signed letter, stating that you want to be excluded from Achziger v. IDS Property Casualty Insurance Company, including your name and address, and signed the letter. You must have mailed your Exclusion Request postmarked by May 12, 2020, to:

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

     
  • The Court has preliminarily decided that the attorneys bringing this suit are qualified to represent the proposed class. Together these lawyers are called “Class Counsel.” They are experienced in handling similar cases against other insurers. Class Counsel are Scott P. Nealey and Stephen M. Hansen. They can be reached to answer any questions you may have at 415‑231‑5311 or 253‑302‑5955.

    Class Counsel’s fees and costs will be determined by the Court and subtracted from the Settlement. Other than that, you will not be charged for these lawyers’ work in securing the Settlement benefits for you and the other Class Members. You owe nothing if you participate in the Settlement. If you want to be represented by your own lawyer, you may hire one at your own expense.

  • Counsel asked the Court for an award of their attorneys’ fees up to 25% of the common fund, together with reimbursement of their costs according to the terms of the Stipulation of Settlement (a total of up to $50,065.46). Since the filing this lawsuit in 2014, Counsel have worked continuously on this case, but have not received any money for that work. The attorneys’ fees and costs, as awarded by the Court, shall be paid from the $5,212,600 available to the Members in this Settlement. In addition, Class Counsel applied to the Court for a service award of $10,000 for Gene Achziger. This service award is being requested in recognition of the time, effort, and risk incurred by the Representative in securing this Settlement for you and the other Class Members.

  • If you’re a Class Member, and you did not exclude yourself, you could have commented or objected to the Settlement, postmarked by May 12, 2020. You could have given reasons why you think the Court should or should not approve it. The Court will consider your views. To be effective, a notice of intent to object to the Settlement must: (1) Contain a heading that includes the name of the case and case number; (2) Provide the name, address, telephone number and signature of the Class Member filing the objection; (3) Be filed with the Clerk of the Court not later than thirty days (30) before the Final Settlement Hearing; (4) Be served on Class Counsel and counsel for the Defendants at the addresses below by first-class mail, postmarked no later than thirty (30) before the Final Settlement Hearing; (5) Contain the name, address, bar number and telephone number of the objecting Class Member's counsel, if represented by an attorney. If you are represented by an attorney, you must comply with all applicable laws and rules for filing pleadings and documents in the Court; and State whether you intend to appear at the Final Settlement Hearing, either in person or through counsel. In addition to the foregoing, a notice of intent to object must contain the following information, if you or your attorney requests permission to speak at the Final Settlement Hearing: (1) A detailed statement of the specific legal and factual basis for each and every objection; and (2) A detailed description of any and all evidence you may offer at the Final Settlement Hearing, including photocopies of any and all exhibits which you may introduce at the Final Settlement Hearing.

    Class Counsel
    Mr. Stephen M. Hansen
    1821 Dock Street #103
    Tacoma, WA 98402

    Mr. Scott P. Nealey
    Law Office of Scott P. Nealey
    71 Stevenson Street, Ste. 400
    San Francisco, CA 94105
     

    Counsel for IDS Property Casualty Insurance Company
    Mr. Fletcher C. Alford
    Gordon & Rees LLP
    275 Battery Street, Ste 2000
    San Francisco CA 94111
     

    Any comments or objections which do not comply with the above or are not timely served on both counsels will not be considered by the Court.

  • The Court held a Final Settlement Hearing at 1:30 p.m. on June 22, 2020, and the Court granted final approval of the Settlement after the hearing. You may read the Court's Order here

  • No. Counsel answered any questions the Judge may have had. But you were welcome to come at your own expense.

  • You could have asked the Court for permission to speak at the Final Settlement Hearing. To do so, you must have sent a letter to all of the lawyers listed in Section 12, above, saying that it is your “Notice of Intention to Appear at the Final Settlement Hearing in Achziger v. IDS Property Casualty Insurance Company.” You must have included your name, address, telephone number, and signature. Your Notice of Intention to Appear must have been postmarked by May 12, 2020. You cannot speak at the hearing if you previously opted out of the Class, because the case no longer affects you.

  • If you do nothing, you will get no money from this Settlement but nevertheless will be bound by the settlement if it is finally approved and will be barred from ever making a further claim against IDS in any way relating to your accident. To receive a payment, you must submit a qualifying claim form.

  • This summarizes the proposed Settlement. More details are in the Settlement Agreement. You can view and print a copy of the Settlement Agreement and other information about the lawsuit by visiting this website, where you will find answers to common questions about the Settlement, and other information to help you determine whether you are a Class Member and whether you are eligible for a payment. You will also find instructions for filling out and submitting your Claim Form online here.

    Please do not call the Court, the Court clerk’s office, or the IDS Property Casualty Insurance Company or its lawyers to inquire about this Settlement. They will be unable to help you.

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