Attorney General Press Release
January 13, 2005
LANSING – Michigan
has reached an innovative multi-state agreement requiring State Farm to
voluntarily pay $40 million to compensate consumers whose titles provided by the
insurance company failed to notify consumers the vehicles were previously
damaged by theft or accident, Attorney General Mike Cox announced today.
After titling research is complete, an estimated
30,000 consumers nationwide may be eligible for payments ranging from
approximately $400 to $10,000 under the agreement entered into by 49 states and
the District of Columbia. The actual amount of payments depends, in part, on the
vehicles' current value and the number of consumers participating. The average
payment is expected to range from $800 to $1,850 per consumer.
“My office is here to safeguard consumers before they buy a product, and that
protection continues after their purchase," Cox said. "Consumers have an
absolute right to know what they are buying. I commend State Farm for
proactively entering this settlement and I am confident it will encourage other
companies to double check their internal procedures to ensure consumers receive
all vital information."
An internal review by State Farm revealed it could not confirm proper titles for
a small percentage of vehicles it acquired from policyholders due to damage or
theft. In Michigan, depending on factors such as vehicle age and extent of
damage, insurance companies taking ownership in such situations must obtain a
salvage certificate of title or branded title. According to State Farm, it
properly titled approximately 2.4 million vehicles in recent years. State Farm
will work with the Michigan Secretary of State in the coming months to determine
the specific vehicles which require a branded title and payment will go to the
current owners of those vehicles.
"From a safety standpoint, it is important that consumers have full knowledge of
their vehicles' repair records," Secretary of State Terri Lynn Land said. "We
support this effort and will work with the Attorney General and State Farm to
make sure that the vehicles involved receive proper titles."
In addition to paying $40 million to consumers, State Farm also agreed to pay
states for costs associated with identifying vehicles and owners, taking claims,
and making compensation payments. State Farm is making a total payment of $1
million to all the state participants for consumer education, future consumer
litigation, public protection, local consumer aid funds, and attorney fees and
costs.
Michigan owners of those vehicles will receive a letter from Attorney General
Cox with a claim form to complete and return to an independent Claims
Administrator already approved by the states to conduct the notification and
compensation program. After a claims deadline, the amount each consumer is due
will be finalized and checks mailed. Current owners of eligible vehicles are
expected to be contacted by fall 2005, and compensation payments will be made in
late 2005 or early 2006.
A copy of the agreement that includes an approximate compensation chart is
available on the Attorney General's Web site, www.michigan.gov/ag, under "Key
Initiatives."
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For further
information contact: Randall Thompson
517-373-8060 (Office)
State of Michigan, Department of Attorney General