Answers
to Common QuestionsHow do I know if non-OEM crash parts were specified on my estimate?
What does it mean that this is a class action?
Will I be charged for the services of class counsel?
Need I do anything at this point?
What do I do if I have further questions?
The plaintiffs (those bringing the suit) allege that State Farm
has violated its insurance agreement with its insureds and engaged
in an unfair trade practice by specifying non-original equipment
("non-OEM") "crash" parts, that is parts which
are not manufactured/or specified by the vehicles' manufacturer,
on repair estimates for its insureds. Plaintiffs contend that
these non-OEM crash parts fail to restore a vehicle to its "pre loss
condition" and are not of "like kind and quality."
Plaintiffs seek an injunction against State Farm, as well as compensatory
(money) and punitive damages for class members. Defendants deny
plaintiffs' allegations.
You are a class member if you received a repair estimate specifying
certain non-OEM "crash parts." Crash parts are those
parts typically repaired or replaced as a result of crash damage,
rather than as a result of normal vehicle usage. You are in the
class if State Farm specified new, that is not used or salvaged,
non-OEM parts of the following types:
1) fenders; 2) hoods; 3) doors; 4) deck lids; 5) luggage lid panels;
6) quarter panels; 7) rear outer panels; 8) front-end
panels; 9) header panels; 10) filler panels; 11) door shells;
12) pickup truck beds, box sides and tailgates; 13) radiator/grill
support panels; 14) grills; 15) headlamp mounting panels/brackets/housings/lenses
doors; 16) tail lamp mounting panels/brackets/housings/lenses;
17) outer body moldings; 18) door body side moldings; 19) front
wheel opening moldings; 20) side mountings; 21) front
and rear fascias; 22) outer body mounting brackets, supports and
surrounds; 23) bumpers (excluding chrome bumpers); 24) bumper
covers/face bars; and 25) bumper brackets/supports.
You are not a class member if your vehicle was repaired
by State Farm after an accident caused by a State Farm insured.
(A 3rd party claim.) You are a class member if you received a
repair estimate under your own insurance coverage (a 1st
party claim), and your repair estimate specified the use of one
or more non-OEM crash parts from the above list.
How do I know if non-OEM crash
parts were specified on my estimate?
The use of non-OEM crash parts will be reflected either in State
Farm's records, or on your State Farm repair estimate. Such parts
will be indicated by the term "QRP" (quality replacement
parts), "CAPA-QRP," or other similar terms, in place
of the OEM manufacturer's parts number. If your estimate had these
or similar terms, then it was calculated using non-OEM crash parts
and you are a member of the class.
What does it mean that this
is a class action?
The class action is a legal device to allow a number of individual
claims to be settled in one lawsuit. As noted last year by the
United States Supreme Court:
"the policy at the very core of the class action mechanism is to overcome the problem that small recoveries do not provide the incentive for any individual to bring a solo action prosecuting his or her rights."
Class Certification allows the results of this suit to be final
against State Farm and every individual who has not chosen to
remove themselves or "opt out" from the class.
Will I be charged for the services
of class counsel?
No, you will not be charged for class counsel's services. Instead,
if they obtain a recovery for the class, class counsel may apply
to the court for payment of their reasonable attorneys' fees and
costs by State Farm or out of any funds recovered before distribution
of net proceeds to the class.
Need I do anything at this point?
If you wish to remain a member of the class, you need do nothing
at this time. You will be allowed to participate in any recovery
through a claims process the Court will approve.
You will be notified of any recovery process, and how to collect
such recovery at that time.
What do I do if I have
further questions?
You may click here to send class counsel a Question via e-mail,
or contact Lieff, Cabraser, Heimann & Bernstein, LLP
at (415) 956-1000, or write to: Snider et al. v. State Farm, Plaintiffs'
Class Counsel, P.O. Box 1500, Marion, Illinois 62959.
Main
Court Ordered Notice Class Action Complaint
Class Certification Order Press Release
Provide Your Name and Address