If you are a Class Member, you have four options.
Option 1: Submit a Claim Form for Payment.
You may submit a Claim Form for payment of Sales Tax, CRA Sales Tax, and/or Salvage Title Fees. The maximum amount Defendants have agreed to pay for all Settlement Class Member Payment, Counsel Fees, Court-awarded costs, and Service Awards totals a maximum of $10,250,000.00. You can also submit an Electronic Claim Form by completing a claim online here, and following the steps outlined for you. Alternatively, you can also access the paper Claim Form on the Important Documents page or request for the Settlement Administrator to send you a Claim Form by emailing info@TotalLossesTaxSettlement.com or submitting your request on the form on the Contact Us page. You will need the unique claim number found on the Claim Form, the Automobile Insurance Policy number for the applicable policy on the Total Loss Date, the claim number associated with the Total Loss, or the vehicle identification number of the Total Loss. You MUST submit at least one of these numbers, along with your name and address, or your claim will be rejected.
If you submit a Claim Form in the mail, it must be postmarked no later than January 4, 2023. If you submit an electronic Claim, you must do so by 11:59 p.m. on January 4, 2023. If the address you submit 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.
Option 2: Exclude yourself from the Settlement.
You have the right to not be part of the Settlement by excluding yourself or “opting out” of the Settlement Class. If you wish to exclude yourself, you must do so on or before October 6, 2022, as described below. You do not need to hire your own lawyer to request exclusion from the Settlement Class. If you exclude yourself from the Settlement Class, you give 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 will keep your right to sue any of Defendants separately in another lawsuit if you choose to pursue one.
To exclude yourself from this lawsuit and/or preserve your right to bring a separate case, you must make a request to be excluded in writing and, with sufficient postage, mail the request to:
Cavallaro v. USAA
c/o JND Legal Administration
PO Box 91349
Seattle, WA 98111
A request for exclusion must be postmarked on or before October 6, 2022.
Your request for exclusion must contain the following:
- The name of the Action (Cavallaro v. United Services Automobile Association, et al.);
- Your full name;
- Your current address;
- A clear statement that you wish to be excluded from the Settlement Class, such as: “I request exclusion from the Settlement Class”; and
- Your signature.
The Settlement Administrator will file your request for exclusion with the Court. If you are signing on behalf of a Settlement Class member as a legal representative (such as an estate, trust or incompetent person), please include your full name, contact information, and the basis for your authority. A request for exclusion must be exercised individually and not on behalf of a group.
IF YOU DO NOT EXCLUDE YOURSELF FROM THE SETTLEMENT CLASS BY THE POSTMARK DEADLINE OF OCTOBER 6, 2022, 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 IF IT IS APPROVED BY THE COURT, EVEN IF YOU DO NOT SUBMIT A CLAIM FORM FOR PAYMENT. IF YOU DO NOT WISH TO BE BOUND BY THE DECISIONS OR SETTLEMENT IN THIS CASE, YOU MUST REQUEST EXCLUSION FROM THE CLASS ACTION.
Option 3: Object to the Terms of the Settlement.
The full terms of the Settlement can be found here. If you think the terms of the Settlement are not fair, reasonable, or adequate to the Class Members, you may file a Notice of Intent to object to the terms of the Settlement. If you object to the terms of the Settlement, you cannot request exclusion from the Settlement. If you object 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.
To properly object to the terms of the Settlement, you must send, with sufficient postage, a Notice of Intent to object to the terms of the settlement and to appear at the Fairness Hearing (described below) to the following:
Cavallaro v. USAA
c/o JND Legal Administration
PO Box 91349
Seattle, WA 98111
The Notice of Intent must include all of the following information:
- The name of the case and case number;
- Your name, address, telephone number, and signature;
- The specific reasons why you object to the terms of the Proposed Settlement;
- The name, address, bar number, and telephone number of any attorney who represents you related to your intention to object to the terms of the Settlement;
- Whether you and/or your attorney intend to appear at the Fairness Hearing and whether you and/or your attorney will request permission to address the Court at the Fairness Hearing.
If you and/or your attorney intend to request permission to address the Court at the Fairness Hearing, your Notice of Intent must also include all of the following information:
- A statement of the legal and factual basis for each objection;
- A list of any and all witnesses the Settlement Class Member may seek to call at the Fairness Hearing;
- A list of any legal authority the Settlement Class Member will present at the Fairness Hearing; and
- Identify either your class member number or full name and address when the total loss occurred.
Notices of Intent to object must be postmarked by October 6, 2022. Any Notice of Intent that is not postmarked by the deadline set forth above or which does not comport with the requirements listed above may waive the right to be heard at the Fairness Hearing. If you file a Notice of Intent, you waive 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 it is approved by the Court. If you do not want to be bound by the decisions and rulings by the Court, you must file a request for exclusion and not a Notice of Intent.
Option 4: Do Nothing Now. Stay in the Case.
You have the right to do nothing. If you do nothing, you will be bound by the terms of the Settlement and will release any claim against Defendants for Sales Tax, CRA Sales Tax, and Salvage Title Fees, even if you do not submit a Claim for payment. You will not receive a Settlement Class Member Payment if you do nothing.