Malcom v. GEICO Indemnity Co.
Georgia Auto Loss Class Settlement
Case No. 5:2020-cv-00165-MTT

Welcome to the Georgia Auto Loss Class Settlement Website

If you suffered a total-loss while insured by GEICO, you may be entitled to a cash payment.

What is this lawsuit about?

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.

How do I know if I am part of the Settlement Class?

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.

What does the Settlement provide?

As a part of the Settlement, GEICO has agreed, upon Court approval, 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.

For more information, please see FAQ 3.

Legal Rights and Options

Option/Deadline Description
Submit a Claim Form for Payment
Deadline: May 20, 2024
You may submit a Claim Form for payment of TAVT. You may submit a claim online or you may return the Claim Form by mail. You can submit 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. Claim Forms must be submitted online no later than 11:59 EST on May 20, 2024, and Claim Forms submitted by mail must be timely postmarked by May 20, 2024. For more information, please see FAQ 5.
Exclude yourself from the Settlement
Deadline: May 3, 2024
You have the right to not be part of the Settlement by excluding yourself or “opting out” of the Settlement Class. A request for exclusion must be postmarked on or before May 3, 2024. For more information on how to exclude yourself, please see FAQ 5.
Object to the Terms of the Settlement
Deadline: May 3, 2024
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. Notices of Intent to object must be postmarked by May 3, 2024. For more information on how to object to the settlement, please see FAQ 5.
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 GEICO for TAVT even if you do not submit a Claim for payment. You will not receive a Settlement Class Member Payment if you do nothing.
Attend a Hearing
June 6, 2024, at 9:30 a.m. EST
You may ask to speak in Court about the fairness of the settlement. The Court will hold this Final Approval Hearing 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.

For More Information

Visit this website often to get the most up-to-date information.

Malcom v. GEICO Indemnity Co.
c/o JND Legal Administration
PO Box 91474
Seattle, WA 98111