Skip to content

Total Loss Auto Claim Class Action Investigations and Your Legal Rights

Feb 22, 2023
Shamis & Gentile, P.A.
car accident on the road car crash

When it comes to insurance companies, many people rely on them to help out in times of dire need. This might not always be the case however, as has been the case in the past, when insurance companies undervalued their customers totaled cars.

If you have been involved in a car accident and your insurance company has declared your vehicle a total loss, you may be wondering what your legal rights are. In this case you may be eligible to join a class action investigation.

In order to learn whether this might apply to you, or simply to understand more about the terms and process involved, please continue reading as we will examine this topic in detail.

About class actions and total loss auto claims

A class action investigation is a legal proceeding in which a group of people with a common complaint, in this case being underpaid on a total loss auto claim, can sue the insurance company as a group.

This can be an effective way to hold the insurance company accountable for its actions and seek damages on behalf of all the members of the class. It will help provide a network of other similarly interested people, and can help by financially splitting the initial burden through many members.

In many cases people can have received notice that they are eligible to join a total loss auto claim class action investigation, because someone else has started a class action against the same insurance company that they use. If that is the case, then we have some tips to follow:

Review the notice

If you have been notified that you are eligible to join a class action investigation, the first step is to review the notice carefully. The notice should provide information about the class action, including the nature of the lawsuit, the parties involved, and the allegations against the insurance company. The notice will also explain your rights as a member of the class.

Decide whether to opt out

Just receiving the notice does not mean you need to join the class action. In fact, you can freely opt out of this process, if for any reason you do not want to be a part of the class action lawsuit.

This means that you will not be able to participate in any settlement or recovery of damages, but you will also not be bound by any decisions made in the lawsuit. You can opt out by completing and returning the opt-out form that you were provided.

Or decide to stay in the class action

If you want to be a part of the class action lawsuit in the hope of bringing the company to justice, you do not need to take any action. People notified will automatically be included as a member of the class if they do not opt out before the deadline set in the notice.

Keep in mind that if the class action is successful, you may be entitled to a share of any damages recovered. However, if the class action is not successful you will not be able to bring a separate lawsuit against the insurance company.

Consider hiring an attorney

If you are considering participating in a class action lawsuit, you may want to consider hiring an attorney to represent you. This can be useful for a number of different reasons, not least of all the fact that some individuals might be better positioned for a separate lawsuit, or joining another class action under different terms.

An attorney can help you understand your legal options and the potential outcomes of the lawsuit. They can also handle the legal proceedings on your behalf, which can be helpful if you are not familiar with the legal process.

Final thoughts

By understanding your legal rights in a total loss auto claim class action investigation, you can make an informed decision about whether to participate and how it will affect you.

If you wish to obtain professional legal help in this matter, we are already open for a conversation about your options, where we through a consultation can discover what can be done, and what you can expect. Contact us today and let us help you fight for justice.

Submit a Class Action Claim

Submit a class action claim today; there are no associated fees or expenses unless we manage to win the case on your behalf.