A class action is a lawsuit in which one or more individuals bring claims on behalf of other persons or entities. These persons or entities are referred to as a class or class members. In a certified class action, the Court resolves certain issues, legal claims, and/or defenses for all class members in a single action, except for those persons or entities who ask in writing to be excluded from the class.

Plaintiffs allege that Defendants GEICO Indemnity Company, Government Employees Insurance Company, and GEICO General Insurance Company (collectively, “GEICO”) breached their contracts (Automobile Insurance Policies) by failing to fully pay Plaintiffs and other Georgia insureds who submitted physical damage claims for their vehicles during the Class Period, and which resulted in a Total Loss Claim Payment. Specifically, Plaintiffs allege that GEICO failed to properly calculate and pay Title Ad Valorem Tax (“TAVT”). GEICO maintains that it complied with the terms of the Automobile Insurance Policies and applicable law and deny that they acted wrongfully or unlawfully and continue to deny all material allegations.

As a part of the Settlement, GEICO has agreed to pay Settlement Class Members making a claim who were not previously paid full TAVT on their total loss, TAVT at the applicable statutory rate based on the fair market value of the total loss vehicle as set by the Georgia Department of Revenue (“DOR”) on the date of the loss minus the amount in TAVT GEICO paid on the total loss claim.

The Settlement provides payment of up to $5,100,000.00 in unpaid (or underpaid) TAVT to Settlement Class Members who make a claim. Any payment by GEICO will be reduced by the amount of TAVT already paid to Settlement Class Members. Settlement Class Members who already were paid as part of their total loss claim the full TAVT will not receive payment.

In exchange, Plaintiffs and the Settlement Class Members who did not exclude themselves from the Settlement agreed to give up any claim they had for payment of TAVT on their total loss claim. If you are a member of the Settlement Class, you could have submitted a Claim Form to be eligible to be paid. Alternatively, you may have requested to be excluded from the Settlement by May 3, 2024, which means you are not eligible for payment, and you maintain your right to sue GEICO individually and separately for payment of TAVT. You may also have objected to the terms of the Settlement by May 3, 2024, if you complied with the requirements set forth in FAQ 5.

You are a member of the Settlement Class if you were a Georgia policyholder and insured by GEICO or one of its affiliates and had a covered total loss auto claim during the period April 29, 2014 through December 31, 2019 that resulted in a total loss payment by GEICO and the total loss payment did not include a full payment for TAVT. TAVT is determined by applying the applicable TAVT percentage rate to the fair market value of the Total Loss Vehicle set by the DOR for TAVT at the time of the loss.

If you received the Notice, it is because GEICO’s records indicate you may be a member of the Settlement Class.

If you are a Class Member, you had four options.

Option 1: Submit a Claim Form for Payment.

You may have submitted a Claim Form for payment of TAVT. The maximum amount GEICO has agreed to pay for all Settlement Class Member Payment, Counsel Fees, Court-awarded costs, and Service Awards totals a maximum of $5,100,000.00. You could have submitted a claim by signing the Claim Form, which was mailed to you, carefully tearing at the perforation, and putting the Claim Form in the mail. 

You could also have submitted an Electronic Claim Form by following the steps outlined for you on the Submit a Claim page of this website. You needed the Unique ID found on the Notices or the claim number associated with the Total Loss. You MUST submitted at least one of these numbers, along with your name and address, or your claim will be rejected.

If you submitted a Claim Form in the mail, it must have been postmarked no later than May 20, 2024. If you submitted an electronic Claim, you must have done so by 11:59 p.m. Eastern on May 20, 2024.

GEICO started making settlement payments on October 14, 2024.

If the address you submitted on your Claim Form changes up until 60 days after the Effective Date of the Settlement, you must contact the Settlement Administrator to provide a current address or you may not receive your Settlement Class Member Payment. For more information on how to update your address, please visit the Contact Us page.

Option 2: Exclude yourself from the Settlement.

You had the right to not be part of the Settlement by excluding yourself or “opting out” of the Settlement Class. If you wished to exclude yourself, you must have done so on or before May 3, 2024. You did not need to hire your own lawyer to request exclusion from the Settlement Class. If you excluded yourself from the Settlement Class, you gave up your right to receive any benefits as part of this Settlement, and you will not be bound by any judgments or orders of the Court, whether favorable or unfavorable. However, you kept your right to sue GEICO separately in another lawsuit if you choose to pursue one.

IF YOU DID NOT EXCLUDE YOURSELF FROM THE SETTLEMENT CLASS BY THE POSTMARK DEADLINE OF MAY 3, 2024, YOU WILL REMAIN PART OF THE SETTLEMENT CLASS AND WILL BE BOUND BY THE ORDERS OF THE COURT IN THIS LAWSUIT AND BY THE TERMS OF THE SETTLEMENT, EVEN IF YOU DID NOT SUBMIT A CLAIM FORM FOR PAYMENT.  IF YOU DID NOT WISH TO BE BOUND BY THE DECISIONS OR SETTLEMENT IN THIS CASE, YOU MUST HAVE REQUESTED EXCLUSION FROM THE CLASS ACTION.

Option 3: Object to the Terms of the Settlement.

If you thought the terms of the Settlement were not fair, reasonable, or adequate to the Class Members, you may have filed a Notice of Intent to object to the terms of the Settlement. If you objected to the terms of the Settlement, you cannot request exclusion from the Settlement. If you objected to the terms of the Settlement and your objection is overruled, you will be bound by the terms of the Settlement and all rulings and orders from the Court. If you and/or your attorney intended to request permission to address the Court at the Fairness Hearing, your Notice of Intent must also have included that request.

Notices of Intent to object must have been postmarked by May 3, 2024. Any Notice of Intent that was not postmarked by the deadline or which did not comport with the requirements may waive the right to be heard at the Fairness Hearing. If you submitted a Notice of Intent to object, you waived the right to request exclusion from the Class and will be bound by any decisions and orders from the Court and by the terms of the Settlement. If you did not want to be bound by the decisions and rulings by the Court, you must have submitted a request for exclusion and not a Notice of Intent to object.

Option 4: Do Nothing Now. Stay in the Case.

You had the right to do nothing. If you did nothing, you will be bound by the terms of the Settlement and released any claim against GEICO for TAVT even if you did not submit a Claim for payment. You will not receive a Settlement Class Member Payment if you did nothing.

The Court has appointed Plaintiffs Nicholus Johnson, Kosmoe Malcom, Aqueelah Coleman, and Todra Washington to be the Class Representative of the Settlement Class. The Court has also appointed the following lawyers as Class Counsel for the Settlement Class:

These lawyers are experienced in handling class action lawsuits, including actions on behalf of insured policyholders. More information about Class Counsel is available on their websites above.

Class Counsel filed an application for attorneys’ fees and costs of no more than $1,590,500.00. GEICO has agreed to pay Class Counsel that amount as approved by the Court. Payment of attorneys’ fees and costs will be paid from the Cash Settlement Benefits.

Class Counsel also sought a payment for the Class Representatives in the amount of $5,000.00 each. As further consideration for such payment, Plaintiffs will execute a broader release of claims than the other Class Members.

As a part of the Settlement, Class Members release and agree not to sue GEICO for any claim for payment of TAVT. Unless you requested exclusion from the Settlement Class, you gave up the right to individually sue GEICO and claim you are owed TAVT as part of your Covered Total Loss Claim, even if you did not submit a Claim for payment as part of this Settlement. You are not releasing any other claim against GEICO. Full terms of the Released Claims and Released Parties can be found in the proposed Settlement Agreement and Release on the Important Documents page of this website.

If you have any questions about the lawsuit or any matter raised in the Notice, please call toll-free at 1-844-566-0152 or review the documents found on the Important Documents page of this website.

You also may contact Class Counsel, whose contact information and websites are in FAQ 6.

The Court held a hearing to consider granting final approval of the settlement on June 6, 2024, at 9:30 a.m. EST in the Courtroom of the Honorable Marc T. Treadwell, Chief United States District Judge, at the William A. Bootle Federal Building & US Courthouse, 475 Mulberry Street, Macon, GA 31201. The Court released an Order on June 10, 2024 approving the Settlement, a copy of which is available on the Important Documents page of this website.