Welcome to the Information Website for the

Johnston v USAA Class Action Settlement

(last updated August 19, 2016)

  • Update #2: The Court approved the settlement on 10/6/16.  A copy of the Order is here.
  • UPDATE #1: The Court has rescheduled the Final Settlement Hearing (also called the Fairness Hearing) to Thursday, October 6, at 9:00 a.m.

This website was established to inform you of the proposed Settlement of a class action lawsuit in Washington State for “diminished value.”

The proposed Settlement includes all Washington State auto insureds of the USAA companies who received payment under their uninsured/underinsured motorists coverage for property damage (“UIM PD”) to their vehicles between July 1, 2008 and May 3, 2016.

In the lawsuit, Plaintiffs claim 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.” Plaintiffs allege that the USAA companies failed to pay for this type of loss.

The USAA companies deny that they did anything wrong, and maintain that they have complied with and exceeded their insurance policies and their obligations under Washington law. The Parties, however, have agreed to settle the lawsuit to avoid the cost, delay, and uncertainty of continued litigation.

The proposed Settlement provides for payments to qualifying Class Members, if the Settlement is approved by the Court.

On May 3, 2016, the Court entered a Preliminary Approval Order that preliminarily approved the proposed Settlement. The Court scheduled a Fairness Hearing (also called the “Final Settlement Hearing”) to decide whether to finally approve the Settlement.

The Fairness Hearing is scheduled for September 22, 2016, at 9:00 a.m. Pacific time in the Pierce County Superior Court Courthouse (Department 5), in Courtroom 2E (or as posted), 930 Tacoma Ave. S, Tacoma, WA 98402. Please note that this date and time are subject to change, so please check this website for developments, or contact us for more information.

To learn more about the terms of the proposed Settlement and to find out if you are a member of the Class, you should read the Class Notice and review the Frequently Asked Questions provided on this website.

This website will be updated periodically, so please check back or call our toll-free line.