The Court authorized sending you a Notice Package because you may be a Class Member.  You have a right to know about a proposed Settlement of a class action, and about all of your options, before the Court decides whether to give “final approval” to the Settlement.  If the Court approves the Parties’ Class Action Settlement Agreement, and after any objections and appeals are resolved, an administrator appointed by the Court will make the payments that the Settlement allows.

The Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available under the Settlement, who is eligible for them, and how to get them.

The Court in charge of the case is the District Court of Douglas County Nebraska, Judge Leigh Ann Retelsdorf presiding. More information on the lawsuit is in FAQ 3.

The people who sued are called the “Plaintiffs,” and the companies they sued are called “Defendants.”  The Plaintiffs in this case are Omar Jones and Shannon Whitehead.  The Defendants are United Services Automobile Association (“USAA”), USAA Casualty Insurance Company (“USAA CIC”), USAA General Indemnity Company (“USAA GIC”), and Garrison Property and Casualty Insurance Company (“Garrison”).  These USAA companies are also sometimes called “Defendants” or the “USAA Entities.”

This case is Jones, et al. v. USAA General Indemnity Company, et al., Case No. D01CI200009724 (Dist. Ct. Douglas Cty.).

The lawsuit alleges that the USAA companies failed to pay the full amount of Sales/Use Tax, Vehicle Regulatory Fees, and CRA Sales Tax to people who insured their vehicles under a Nebraska Automobile Insurance Policy, who submitted a claim for physical damage under their comprehensive or collision coverage, and whose vehicle was determined to be a total loss, during the Applicable Class Period.  (See FAQ 6 for more information on the Class definition.)

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

In a class action lawsuit, one or more people, called “Class Representatives,” sue on behalf of people who have similar claims.  All these people together are a “Class” or “Class Members.”  One court resolves the issues for all Class Members, except for those who choose to exclude themselves from the Class.

The Court did not decide in favor of Plaintiffs or Defendants.  Instead, both sides agreed to a settlement to avoid the cost, delay, and uncertainty of further litigation, and the people affected will get compensation.  The USAA companies have denied all liability in the lawsuit. The Class Representatives and Class Counsel think that the Settlement is in the best interests of Class Members.

The Settlement Class is defined as follows:

All individuals and entities insured by the USAA Entities under a Nebraska automobile insurance policy whose insurance covered or covers an owned or leased vehicle under private-passenger physical damage coverage, including collision and physical damage other than collision coverage, and who made a first-party claim during the Applicable Class Period, whose vehicle was determined by the USAA Entities to be a total loss, and who received a total loss payment from the USAA Entities for the value of the totaled vehicle, but who did not receive (1) Sales Tax; and/or (2) CRA Sales Tax for those who possessed CRA Coverage on the date their vehicle was declared a total loss; and/or (3) applicable Vehicle Regulatory Fees.

Excluded from the Settlement Class are: (i) all officers, employees, and agents of the USAA Entities, Class Counsel, and their immediate family members, and (ii) any members of the judiciary assigned to the Action and their immediate families.

“Sales Tax” means any mandatory sales or use tax collected or assessed by the State of Nebraska and any of its counties, cities, or political subdivisions when a vehicle is purchased, leased, sold, titled, or registered.

“Vehicle Regulatory Fees” means the mandatory fees collected or assessed by the State of Nebraska and any of its counties, cities, or political subdivisions when a vehicle is purchased, leased, sold, titled, or registered.

“CRA” means “Car Replacement Assistance.” CRA coverage is an optional coverage available for an additional premium that pays an additional 20% of a car’s actual cash value in the event of a total loss.  You may or may not have CRA coverage on your car.  You do not need to have CRA coverage to be a Member of the Settlement Class.

“CRA Sales Tax” means an additional 20% of the mandatory Sales Tax collected or assessed when a vehicle is purchased, leased, or sold for Settlement Class Members who possessed CRA Coverage at the time of a covered total loss claim.

The “Applicable Class Period” is as follows: (1) for GIC insureds, November 23, 2015 through February 6, 2023, and (2) for USAA, CIC, and Garrison insureds, March 25, 2017 through February 6, 2023.

If you are still not sure whether you are included, you can get free help.  You can call us toll-free at 1-877-415-0640; you can also complete the Email Us form on the Contract Us page or send an e-mail to info@JonesTotalLossSettlement.com; and you can visit this website for more information.  You may also contact any of the Class Counsel listed in FAQ 17.  You are not required to pay anyone to assist you in obtaining information about or a payment from the Settlement.

USAA will pay up to $3.125 million ($3,125,000) in claim payments to Qualifying Settlement Class Members.  A Qualifying Settlement Class Member means a Settlement Class Member who has not submitted an exclusion request and who is otherwise eligible to receive a Settlement Claim Payment. 

If the Settlement becomes final, the lawsuit will be dismissed with prejudice, and the USAA companies will receive a complete release and discharge of the claims asserted in the lawsuit.  (See FAQ 13 for more details.)

At this time, we don’t know what your individual payment will be.  Settlement Claim Payments to Qualifying Settlement Class Members shall be calculated as follows:

1. Sales Tax: Each Qualifying Settlement Class Member shall be paid the Sales Tax on the value of his or her total loss vehicle as found in the USAA Entities’ records, to the extent not already paid by the USAA Entities.
2. CRA Sales Tax: Each Qualifying Settlement Class Member who possessed CRA coverage at the time of the total loss claim shall be paid an additional 20% of the Sales Tax amount as found in the USAA Entities’ records, to the extent not already paid by the USAA Entities.
3. Vehicle Regulatory Fees:  Each Qualifying Settlement Class Member shall be paid the Vehicle Regulatory Fees, to the extent not already paid by the USAA Entities.

To be eligible for payment, (1) you must fit the Class definition in FAQ 6, (2) you must not have filed an exclusion request, and (3) you must  submit a timely and valid Claim Form.  A Claim Form was enclosed with the Notice Package you received.

Read the instructions on the Claim Form carefully, fill out the Claim Form, and sign it.  For your Claim Form to be timely, you must mail it to the Settlement Administrator at the address below so that it is postmarked by July 28, 2023:

Jones Total Loss Settlement
c/o JND Legal Administration
P.O. Box 91209
Seattle, WA 98111

Do not send your Claim Form to the Court, the Judge, or the USAA companies.

Note that only a Class Member or his or her “Legally Authorized Representative” can submit a claim. See FAQ 11 for an explanation of that term.

A Legally Authorized Representative means an administrator/administratrix, personal representative, or executor/executrix of a deceased Class Member’s estate; a guardian, conservator, or next friend of an incapacitated Class Member; or any other legally appointed person or entity responsible for handling the business affairs of a Class Member.  A Legally Authorized Representative of a Class Member can, for example, submit a Claim Form (FAQ 10), an exclusion request (FAQ 14), or an objection (see FAQ 19) on behalf of the Class Member.

If you believe that you are a Legally Authorized Representative of a Class Member, and you wish to submit a Claim Form on behalf of that Class Member, you should fill out and sign the enclosed Claim Form per the instructions on the Claim Form and also provide additional information and documentation, including whether you are (1) the personal representative of a deceased Class Member. (2) the guardian, conservator, or attorney in fact of an incapacitated Class Member, or (3) the legally appointed representative of the Class Member (for example, through a power of attorney).  You will also need to provide documentation establishing that you are the Class Member’s Legally Authorized Representative (for example, estate documents, powers of attorney, death certificates, etc.).  Please contact the Settlement Administrator if you need help.

The exact date that Qualifying Settlement Class Members will receive payment is not known at this time.  Payments will be made after the Court grants “final approval” of the Settlement and any appeals are resolved.

The Court will hold a hearing on June 28, 2023 at 10:00 a.m. Central time via video conference to decide whether to approve the Settlement.  If the Court approves the Settlement there may be appeals.  It’s always uncertain whether these appeals can be resolved, and resolving them can take time.  Please be patient.  Please check this website for updates and other important information about the Settlement, or call 1-877-415-0640 toll-free or send an e-mail to info@JonesTotalLossSettlement.com to learn the status of the Settlement.

Unless you exclude yourself from the Settlement, you are staying in the Class, and that means that you can’t sue or be part of any other lawsuit against the USAA companies about the legal issues in this case.  It also means that all of the Court’s orders will apply to you and legally bind you.

If you stay in the Class, you will agree to “release and discharge” the USAA companies and the “Released Persons” from all “Released Claims,” as described in Paragraphs 42-47 of the Settlement Agreement.  You can get a copy of the Settlement Agreement here or by contacting the Settlement Administrator.

The Settlement Agreement specifically describes the Released Claims in legal terminology.  Talk to Class Counsel (see the section on “The Lawyers Representing You”) or your own lawyer if you have questions about the Released Claims or what they mean.

To exclude yourself from the Settlement, you must mail a letter to the Settlement Administrator with a clear statement that you want to be excluded from the Jones v. USAA Settlement.

Be sure to include your name, address, and signature.  If you are sending the request to be excluded as the “Legally Authorized Representative” of a Class Member (see FAQ 11 above for the definition of that term), you must include any information or documents that confirm your appointment or status as a Legally Authorized Representative.  Requests for exclusion must be submitted individually by a Class Member or his or her Legally Authorized Representative, and not on behalf of a group or class of persons.  If you have a personal lawyer, your lawyer may assist you with your exclusion request, but you must sign the exclusion request, unless the lawyer is also your Legally Authorized Representative.

You must mail your exclusion request postmarked no later than June 6, 2023 to the following:

Jones Total Loss Settlement
c/o JND Legal Administration
P.O. Box 91209
Seattle, WA 98111

You can’t exclude yourself on the phone, by e-mail, or on the website.  If you ask to be excluded, you will not get any money from the Settlement, and you cannot object to the Settlement or intervene in the case.  You will not be legally bound by anything that happens in this lawsuit.  You may be able to sue (or continue to sue) the USAA companies.  If you have a pending lawsuit against the USAA companies involving the same legal issues in the Settlement, speak to your lawyer in that case immediately.

No.  Unless you exclude yourself from the Settlement, you give up any right to sue the USAA companies for the claims that are resolved by Settlement.  If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately.

Remember, the exclusion deadline is June 6, 2023.

No.  If you exclude yourself, do not send in a Claim Form to ask for money.  You will not be able to get any money from the Settlement, and you cannot object to the Settlement.  You will not be legally bound by anything that happens in the Settlement.

Yes.  The Court has appointed the following law firms and attorneys to represent you and other Class Members in the Settlement:

These lawyers are called Class Counsel. If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel will ask the Court to approve a payment of up to $850,000 for attorneys’ fees and costs.  If the Court approves those payments, they will be paid separately and apart from the Settlement Fund.  Class Counsel will also ask for a payment of up to $5,000 each to Omar Jones and Shannon Whitehead for their services as Class Representatives (the “Class Representatives Service Awards”), to be paid separately and apart from the Settlement Fund.  The Court may award less than these amounts.  The costs of settlement administration will also be paid by the Defendants separately from the Settlement Fund.  On May 8, 2023, Class Counsel filed their Petition for Attorneys’ Fees and Costs and Service Awards, which can be found here.

If you’re a Class Member (or a Class Member’s Legally Authorized Representative), you can object to the Settlement if you don’t like it, or you may try to intervene in the case.  However, you cannot object if you have excluded yourself from the Settlement.  In other words, you must stay in the case as a Class Member in order to object to or intervene in the Settlement.

You can object if you don’t like any part of the proposed Settlement, including but not limited to the payments to Class Members, the request for the Attorneys’ Fees and Expenses Award, the request for Service Awards to the Class Representatives, or any other part of the Settlement. You can give reasons why you think the Court should not approve any or all of these items. The Court will consider your views if you comply with the requirements for objecting.

To object, you must (a) mail your objection to the Settlement Administrator and (b) file it with the Court.  To be timely, your objection must be mailed to the Settlement Administrator so that it is postmarked by June 6, 2023, and it must be filed with the Court by no later than June 6, 2023, at the following addresses:

Note:  You may mail your objection to the Court, but it must be received by the Court and filed by June 6, 2023. 

Your objection should (a) contain a heading which includes the name of the case and case number Jones v. USAA General Indemnity Company, et al., Case No. D01CI200009724 (Dist. Ct. Douglas Cty.); (b) provide your full name, address, telephone number, and signature; (c) indicate the specific reasons why you object to the Settlement; (d) contain the name, address, bar number, and telephone number of your counsel, if you’re represented by an attorney; if you are represented by an attorney, he or she must comply with all applicable laws and rules for filing documents; (e) provide a list of other cases in which you or your counsel has appeared either as an objector or counsel for an objector in the last five years; and (f) state whether you intend to appear at the Final Approval Hearing, either in person or through counsel.  All objections must be signed by the objecting Class Member (or his or her Legally Authorized Representative), even if the Class Member is represented by counsel.

If you intend to appear at the Final Approval Hearing (also known as the Fairness Hearing) to object to the Settlement, you must also provide with your written objection a detailed statement of the specific legal and factual basis for each objection, a list of any witnesses you will call at the Hearing with each witness’ address and summary of the witness’ testimony, a description of all evidence you will offer at the Hearing with copies of the exhibits attached, and documentary proof of your membership in the Class. You or your lawyer may appear at the Final Approval Hearing if you have filed a written objection as provided above. If you have a lawyer file an objection for you, he or she must follow all rules, and you must list the attorney’s name, address, bar number, and telephone number in the written objection filed with the Court.

If you want to intervene as a party to the case, you must file a motion to intervene with the Court by June 6, 2023 so that the Parties can respond to the motion. 

Please note that any objections or motions must be submitted by an individual Class Member or his, her, or its attorney, not as a member of a group, class, or subclass.  The only exception is that an objection may be submitted on behalf of a Class Member by the Legally Authorized Representative (see FAQ 11 for a definition of that term).

Objecting is simply telling the Court that you don’t like something about the Settlement. You can object to the Settlement only if you stay in the Settlement.  Excluding yourself is telling the Court that you don’t want to be part of the Settlement.  If you exclude yourself, you have no basis to object, because the case no longer affects you. If you object, and the Court approves the Settlement anyway, you will still be legally bound by the result.

The Court will hold a Final Approval Hearing to decide whether to finally approve the proposed Settlement.  You may attend via video conference and you may ask to speak, but you don’t have to do either one.

The Final Approval Hearing will be on June 28, 2023, at 10:00 a.m.  Central time before Judge Leigh Ann Retelsdorf.  The Court will conduct the Final Approval Hearing by video conference.  Here are the link, ID, and password for the Hearing: https://dotcomm.webex.com/dotcomm/j.php?MTID=m6d699e8572f8880674f2ffaeabc157b7. (ID: 24823930601. Password: KdiCgJ7ig37.)  Please mute your line so that there is no background noise.  Please check this website, the Court’s website, or call the Settlement Administrator for current information.  Also, the Final Approval Hearing may be moved to a different date or time without additional notice, so you should check this website, the Court’s website, or call the Settlement Administrator.

At the Hearing, the Court will consider whether the proposed Settlement and all of its terms are adequate, fair, and reasonable.  If there are objections, the Court will consider them. The Court may listen to people who have asked for permission to speak at the Hearing.  The Court may also decide how much to award Class Counsel for fees and expenses for representing the Class (the Attorneys’ Fees and Expense Award) and whether and how much to award the Class Representatives for representing the Class (the Service Awards).

At or after the Final Approval Hearing, the Court will decide whether to finally approve the proposed Settlement. There may be appeals after that.  There is no set timeline for either the Court’s final approval decision, or for any appeals that may be brought from that decision, so it is impossible to know exactly when the Settlement will become final.

The Court may change deadlines listed in this Notice without further notice to the Class.  To keep up on any changes in the deadlines, please contact the Settlement Administrator, the Settlement website, or the Court’s docket.

No. Class Counsel will answer any questions asked by the Court.  But you are welcome to participate at your own expense.  If you intend to have a lawyer appear on your behalf at the Final Approval Hearing, your lawyer must enter a written notice of appearance of counsel with the Clerk of the Court no later than June 6, 2023, and you must comply with all of the requirements explained in FAQ 21.

If you send an objection, you don’t have to attend the Hearing to talk about it.  So long as you mailed your written objection on time and complied with the other requirements for a proper objection, the Court will consider it. You may also pay another lawyer to attend, but it’s not required.

Yes.  If you submitted a proper written objection to the Settlement, you or your lawyer acting on your behalf may speak at the Final Approval Hearing.  To do so, you must send a Notice of Intention to Appear and follow the procedures set out in FAQ 21.  Your Notice of Intention to Appear must be mailed to the Settlement Administrator so that it is postmarked no later than June 6, 2023, and it must be filed with the Clerk of the Court by that same date.  See FAQ 19 above for the addresses of the Settlement Administrator and the Court.  You cannot speak at the Final Approval Hearing if you excluded yourself.

If you do nothing, you will get no money from this Settlement.  But unless you exclude yourself, you won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the USAA companies about the legal issues in this case, ever again. To receive a payment you must submit a qualifying Claim Form.  (See FAQ 10.)

The Notice and these FAQs summarizes the proposed Settlement. For the precise terms and conditions of the Settlement, please see the Settlement Agreement, which is available here this website also contains additional information about the Settlement.  You may also get information by contacting the Settlement Administrator as noted below; by contacting Class Counsel (see FAQ 16); by accessing the Court docket in this case, for a fee; or by visiting the office of the Clerk of the Court, as noted below.

•   Settlement Administrator: Call toll-free at 1-877-415-0640; email at info@JonesTotalLossSettlement.com or complete the Email Us form on the Contact Us page; or write to the Settlement Administrator at the following address:

Jones Total Loss Settlement
c/o JND Legal Administration
P.O. Box 91209
Seattle, WA 98111

•   Clerk of the Court:  You may review legal documents that have been filed with the Clerk of Court at the address noted in FAQ 19 during regular office hours.  Please note that due to the COVID-19 pandemic, you may need to make other arrangements to view court documents.  Please contact the Clerk’s Office for information on accessing court documents, but the Clerk will NOT answer questions about the Settlement.