Class ActionClass Action InvestigationsTotaled Car Accident Class Action – do I Qualify?

September 14, 2020by Shamis & Gentile P.A.
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There are scales of bad luck. Being in a car accident is bad. Having your motor vehicle totaled is worse. Being denied reimbursement for the full value of your total loss by your insurance company is the worst. Your luck may be turning, however, as you could be eligible for hundreds or thousands of dollars owed to you. Read on to find out if you qualify for the totaled car accident class action.

Total car loss accident lawsuit

Recent class action claims filed against insurance companies were won by plaintiffs when their insurance companies breached their own contracts and auto insurance policies by failing to pay out policyholders for sales tax, title transfer fees, and tag transfer fees after a total loss car accident.

You may qualify for this investigation if:

  • The accident took place within the last five years. Was your vehicle totaled while covered under an auto insurance policy in the last five years?  This includes a vehicle that you own or a total car loss accident leased car or total car loss accident financed car.
  • Your vehicle was totaled after a car accident. Depending on your insurance company’s formula, the condition of your vehicle, and state laws, a damaged vehicle is categorized a “total loss” if it cannot be safely repaired, when the repairs will cost more than the value of the vehicle, or the damage exceeds the damage threshold for your state.
  • Your insurance company did not compensate for sales tax and other fees. The reimbursement you get from your insurance company is based on the “actual cash value” of your car, in other words, how much you could have sold it for just prior to the accident. 
  • In 34 states in the country, including Florida, your insurance company is meant to include the sales tax and fees for title and registration as well. These costs are obligatory when buying or leasing a replacement vehicle, so you should be paid for them.
  • Your insurance company paid for the total loss and not the other driver’s insurance company. Because Florida is a “no-fault” state, in the event of a motor vehicle accident, each party claims from their own insurance companies, irrespective of who was at fault.

For more information on a total loss car accident class action lawsuit in Miami, FL and nationwide, contact Shamis & Gentile P.A. today.

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