Frequently Asked Questions

  1. What is this lawsuit about?

    In the lawsuit, 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 ALLSTATE INSURANCE COMPANY failed to pay or pay adequately for this type of loss under its Washington insurance policies’ UIM PD coverage, and that such an alleged failure to pay is a breach of ALLSTATE INSURANCE COMPANY’s automobile insurance contracts. ALLSTATE INSURANCE COMPANY denies that it did anything wrong and contends that it paid the full and appropriate amounts for diminished value, where applicable, as part of its regular claim adjusting process.

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  2. Why is this a class action?

    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. Pierce County Superior Court Judge Jack Nevin is presiding over this class action.

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  3. Why is there a Settlement?

    After this matter was filed, and the case was certified as a class action, 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 to trial and possible appeals, 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 submit a valid Claim Form.

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  4. How do I know if I am part of the Settlement?

    You are a member of the Class if the ALLSTATE INSURANCE COMPANY paid to have your insured vehicle repaired between May 13, 2010 and January 11 2019 under the UIM PD provision of an ALLSTATE 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 Class if, at the time of your accident:

    1. Your vehicle was leased; or
    2. Your vehicle was declared a total loss; or
    3. Your covered accident was before May 13, 2010.
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  5. How much might my payment be?

    Each Class Member who submits a valid Claim Form will receive a payment that will depend on his or her vehicle repair costs. Here’s how it works: each Class Member is entitled to request a payment. For Class Members who qualify for a payment, that payment will be calculated as the Class Member’s repair cost times the portion of the Settlement paid to Class Members (i.e., $3,891,377 minus attorneys’ fees and costs and incentive payments to the Class Representative) divided by the aggregate value of all Class Members’ repair costs. Not everyone who receives the Notice will be eligible for payment. The average payment for qualified Class Members will likely be in the range of several hundred dollars per Class Member, depending on how much, if any, payment for diminished value the claimant has already received.

    You can only receive your share of the Settlement if you submit a valid Claim Form by June 17, 2019.

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  6. How can I receive a payment?

    To qualify for payment, you must be an eligible Class Member (see FAQ 4) and submit a valid Claim Form. 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 June 17, 2019. If you had two (or more) qualifying accidents, you will, if you wish to assert a claim for each, need to submit a Claim Form for each qualifying accident.

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  7. When would I get my payment?

    The Court will hold a hearing on May 3, 2019, to decide whether to approve the Settlement. If the Court approves the Settlement, and there are no appeals, we estimate that checks will be mailed in November or December 2019. 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 on this website. Please be patient.

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  8. What do I do to be excluded?

    If you exclude 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 ALLSTATE INSURANCE COMPANY.

    To ask to be excluded, you must send a signed letter, stating that you want to be excluded from VIGNA v. ALLSTATE INSURANCE COMPANY. Be sure to include your name and address, and sign the letter. You must mail your Exclusion Request postmarked by April 3, 2019, to the following address:

    Vigna v. Allstate Insurance Company
    P.O. Box 3518
    Portland, OR 97208-3518

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  9. Do I have a lawyer in this case?

    The Court has decided that the attorneys bringing this suit are qualified to represent you and all Class Members. Together these lawyers are called “Class Counsel.” They are experienced in handling similar cases against other insurers. Class Counsel appointed by the Court are Scott P. Nealey and Stephen M. Hansen. They can be reached to answer any questions you may have at 1-415-231-5311 or 1-253-302-5955, respectively.

    Your lawyers’ 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.

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  10. How will the lawyers be paid?

    Class Counsel will ask the Court for an award of their attorneys’ fees up to $864,432.00, together with reimbursement of their costs according to the terms of the Stipulation of Settlement. Since even before filing this lawsuit, Class 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 $3,891,377.00 available to the Class Members in this Settlement. In addition, Class Counsel will apply to the Court for a service award of $10,000.00 for Marc D. Vigna. This service award is being requested in recognition of the time, effort, and risk incurred by the Class Representative in securing this Settlement for you and the other Class Members.

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  11. If I want to, how can I tell the Court that I like or don’t like the Settlement?

    If you’re a Class Member, and you do not exclude yourself, you can – but need not - comment on or object to the Settlement. You can give 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 (Vigna v. Allstate Insurance Company, Case No. 16-2-07871-6);
    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 April 3, 2019;
    4. Be served on Class Counsel and counsel for the Defendant at the addresses below by first-class mail, postmarked no later than April 3, 2019; and
    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 request 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 Counsel for Allstate
    Mr. Stephen M. Hansen
    1821 Dock Street #103
    Tacoma, WA 98402
    Mr. Steven M. Levy
    Dentons US LLP
    233 South Wacker Drive
    Suite 5900
    Chicago, IL 60606-6361

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

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  12. When and where will the Court decide whether to approve the Settlement?

    The Court will hold a Final Settlement Hearing at 9:00 a.m. on May 3, 2019 at the Pierce County Superior Court, 930 Tacoma Ave. S., Tacoma, WA 98402, Fourth Floor. At this Hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. Judge Nevin will, if the requisite notice of intent to appear and speak is filed, listen to anyone at the hearing who asks to speak, and if objections were timely served, he will consider them. The Court will also decide how much to pay Class Counsel and the Class Representative. The Final Settlement Hearing may be postponed without further notice to the Class. Please check this website for updates.

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  13. Do I have to come to the hearing?

    No. Counsel will answer questions the Judge may have. But you are welcome to come at your own expense. If you send a comment (including an objection), you don’t have to come to Court to talk about it. As long as you mail it on time, the Court will consider it. You may also pay your own lawyer to attend, but it’s not necessary.

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  14. May I speak at the hearing?

    You may ask the Court for permission to speak at the Final Settlement Hearing. To do so, you must send a letter to both lawyers listed in FAQ 11, saying that it is your “Notice of Intention to Appear at the Final Settlement Hearing in VIGNA v. ALLSTATE INSURANCE COMPANY.” You must include your name, address, telephone number, and signature. Your Notice of Intention to Appear must be postmarked by April 3, 2019. You cannot speak at the Hearing if you previously opted out of the Class, because the case no longer affects you.

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  15. What happens if I do nothing at all?

    If you do nothing, you will get no money from this Settlement. To receive a payment, you must submit a qualifying claim form postmarked by June 17, 2019.

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  16. Are there more details about the Settlement?

    The Notice and this website summarize the proposed Settlement. More details are in the Stipulation of Settlement. You can view and print a copy of the Stipulation of Settlement and other Settlement related documents here.

    Please do not call the Court, the Court clerk’s office, Allstate Insurance Company, or its lawyers to inquire about this Settlement. They will be unable to help you. You may, however, contact Class Counsel to ask questions regarding the Settlement.

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