Frequently Asked Questions
- Why did I get this Notice?
- What is this lawsuit about?
- What is a class action and who is involved?
- Why is this lawsuit a class action?
- What are the terms of the Settlement?
- Am I part of this Class?
- I am still not sure if I am included in the Class.
- What do I do to be included?
- What happens if I do nothing at all?
- What if I do not want to be included?
- How do I object?
- Do I have a lawyer in this case?
- Should I get my own lawyer?
- How will the lawyers be paid?
- Are more details available?
- Why did I get this Notice?
Records show that you insured a vehicle in Maryland with either State Farm Mutual Automobile Liability Insurance Company or with State Farm Fire and Casualty Company and that the vehicle was involved in an accident with an uninsured motorist between November 1, 2016 and August 12, 2020.
If your State Farm policy included optional Rental Car coverage, State Farm’s records show that you rented a replacement vehicle after the accident, and that State Farm reimbursed you for 80% of the rental cost, up to your limit of coverage.
If you did not have optional Rental Car coverage in your State Farm policy, records show only that you were reimbursed for property damage resulting from the accident.
This Notice was sent to inform you about the Settlement and tell you about your legal rights and options. The lawsuit is known as Queen v. State Farm Mutual Automobile Liability Ins. Co., et al., Case No. 1:18-cv-02625-PWG, which is publicly available through the United States District Court for the District of Maryland, where the lawsuit is pending. You do not have to do anything to benefit from the Settlement. Your compensation will depend on whether you were in the first group, who had rental car coverage and received partial reimbursement, or the second group, who had no rental car coverage but whose cars did sustain physical damage in an accident with an uninsured motorist.
Top - What is this lawsuit about?
This lawsuit is about whether the Maryland Uninsured Motorist statute, which is part of the Maryland Insurance Code, and which incorporates part of the Maryland Transportation Code, requires State Farm to fully reimburse rental car costs to policyholders whose vehicles were damaged in accidents with uninsured motorists.
Top - What is a class action and who is involved?
In a class action, one or more people called “Class Representatives” (in this case, the Class Representative is Mr. Andrae Queen) sue on behalf of other people who have similar claims. The people together are a “Class” or “Class Members.” Mr. Queen is called the Plaintiff. State Farm Mutual Automobile Insurance Company and State Farm Fire and Casualty Company are referred to together in the Notice as “State Farm” and are called the Defendants. The proposed Settlement resolves the class issues for everyone in the Class, except for those people who choose to exclude themselves from the Class. In this case, there has been no determination by the Court of State Farm’s liability for damages to the Class, or whether the case could be certified for a trial as a class action, but the parties have agreed to settle the claims and as part of the Settlement, the case will be certified as a class action. The Settlement is not effective unless and until the Court approves it. The hearing for approval is scheduled for November 19, 2021. You do not have to attend.
Top - Why is this lawsuit a class action?
The Court permitted this case to proceed as a class action for settlement purposes only. The Court found that for purposes of settlement, the case meets the requirements of the Federal Rules which govern class actions. As part of its findings, the Court concluded that Mr. Queen has the legal same claim that other Class Members would make, that he has adequately represented the interests of the Class Members in the litigation, and that he is represented by Counsel who are qualified to represent the Class.
Top - What are the terms of the Settlement?
State Farm will pay a sum of $3,276,944.42 to a Common Fund to be distributed to Class Members, based on a formula described below, less (i) attorneys’ fees and costs that may be approved by the Court (not to exceed 25% of the Common Fund), (ii) any payment to Mr. Queen as Class Representative (not to exceed $5,000) and (iii) any costs associated with providing notice to all Class Members or administering the settlement.
The formula provides for a different payment calculation depending if you are in Group 1 or Group 2.
If you are in Group 1, State Farm’s records show that you were previously reimbursed 80% of your rental car costs (up to your limit) following your accident with an uninsured motorist. You will be paid an additional 20% above what you already received, less your share of the amounts deducted from the Common Fund for attorneys’ fees, Mr. Queen’s individual payment, and the costs of administering the settlement. You do not have to submit any documentation. The payment will be issued automatically if the Settlement is approved.
If you are in Group 2, State Farm’s records show that you were paid for damage to your vehicle following your accident with an uninsured motorist. You will receive a payment of $200 from the Common Fund, less your share of the amounts deducted from the Common Fund for attorneys’ fees, Mr. Queen’s individual payment, and the costs of administering the settlement. You do not have to submit any documentation. The payment will be issued automatically if the Settlement is approved.
You may view a copy of the entire Settlement Agreement here:
Top - Am I part of this Class?
If a Notice was sent to you by KCC, then according to State Farm’s records, you had an accident with an uninsured motorist during the relevant time period, and you either were reimbursed for 80% of the cost of a rental car following the accident (up to your limit of coverage) OR you were not reimbursed for a rental but did have property damage that State Farm paid for.
Top - I am still not sure if I am included in the Class.
If you are still not sure whether you are properly included in the Class, you may get free help by contacting one of the Plaintiff’s lawyers in this case, Thomas J. Minton
of Goldman & Minton, P.C., 3600 Clipper Mill Rd., Suite 201, Baltimore, MD 21211, Phone (410) 783-7575, Email tminton@charmcitylegal.com.You have to decide whether you want to stay in the class or exclude yourself from the Class, and you have to decide this NOW.
Top - What do I do to be included?
To be included as a Class Member, you do not have to do anything. If the Court approves the settlement, KCC will mail you a check.
Top - What happens if I do nothing at all?
If you do nothing, you will be included in the Class and if the Court approves the Settlement, you will receive a payment as described above. Any claim you may have for rental car reimbursement arising out of your accident with an uninsured motorist between November 1, 2016 and August 12, 2020 will be deemed settled, paid, and released.
Top - What if I do not want to be included?
If you do not want to be included, then you must provide a written statement setting forth your name, address, telephone number and your signature, with a statement that says “I WANT TO BE EXCLUDED FROM THE SETTLEMENT CLASS IN QUEEN V. STATE FARM.” Requests for Exclusion must be personally signed by the person requesting exclusion from the Class and must include the requestor’s full name and current address. The statement must be received no later than September30, 2021 and sent to KCC at the following address: PO Box 43434, Providence RI 02940-3434. If you timely elect not to participate, then you will not be giving up any right you may have to pursue your own claims against State Farm at your own expense, but you will not receive any payment from the Common Fund.
Top - How do I object?
If you do not ask to be excluded from the Class and want to object to the Settlement, you will need to file with the Court a written objection to the settlement. Your written objection must be signed by you (or your attorney) and filed with the Court on or before September 30, 2021. Your written objections should reference the case of Queen v. State Farm Mut. Auto. Liability Ins. Co., et al., No. 1:18-cv-02625-PWG, and must be sent to the Clerk of the Court, United States District Court for the District of Maryland, 101 W. Lombard St., Baltimore, MD 21201. Documents submitted that do not comply with applicable rules, including Maryland Rules, may be rejected by the Clerk of Court. All Objections must be personally signed by the person(s) making the objection, or a legal guardian authorized to act on their behalf. Objections must also include the objector’s full name and current address. If the person on whose behalf the objection is filed, or an attorney or legal guardian authorized to act on their behalf, intends to appear at the Final Settlement Hearing, the Objection must so state.
Further, any such Class Member must, within the same time period, provide a copy of the written objection to Class Counsel, and Counsel for Defendants. The written objection must state: your full name, address, telephone and e-mail address (if available), the reasons for your objection, and whether you intend to appear at the Final Approval Hearing on your behalf or through counsel. You must mail a copy of any written objections to each of the following:
Thomas J. Minton
Goldman & Minton, P.C.
3600 Clipper Mill Rd., Suite 201
Baltimore, MD 21211
Daniel F. Diffley
Alston & Bird
One Atlantic Center
1201 West Peachtree Street, Suite 4900
Atlanta, GA 30309
If you file an objection, you do not have to attend the final hearing. The Court will consider all written objections. If you wish to attend the hearing at your own expense, you must state in your written objection that you plan to attend the hearing. The final hearing is set for November 19 at 9:00 A.M./P.M. in Courtroom 4C in the United States District Court for the District of Maryland, Southern Division, 6500 Cherrywood Lane, Greenbelt, MD 20770.
Top - Do I have a lawyer in this case?
The Court decided that Thomas J. Minton of Goldman & Minton, P.C. and David E. Tompkins of Lewis and Tompkins, P.C. are qualified to represent the Class Members. They are called the “Class Counsel.” The Court has found that these lawyers are experienced in handling similar cases on behalf of auto insurance policyholders. They can be reached at either of the following:
Thomas J. Minton, Goldman & Minton, P.C., 3600 Clipper Mill Rd., Suite 201, Baltimore, MD 21211, Phone (410) 783-7575, Email tminton@charmcitylegal.com.
David E. Tompkins, Lewis and Tompkins, PC, 836 Bonifant St., Silver Spring, MD 20910, Phone (202) 296-0666, Email dtompkins@lewisandtompkins.com.
Top - Should I get my own lawyer?
You do not need to hire your own lawyer because Class Counsel is working on your behalf. However, you may hire your own lawyer at your own expense if you choose to do so.
Top - How will the lawyers be paid?
Class Counsel will be paid a percentage of the Settlement’s Common Fund, in an amount to be determined by the Court, and not to exceed 25%.
Top - Are more details available?
If you want more information, you may contact Class Counsel. Their contact information is set forth in answer to question No. 12 above. You may also call KCC, the settlement administrator at 1-866-208-3310.
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