Class action lawsuits against USAA &/or Caliber Collision

duke848

New member
Are there any current lawsuits against USAA - specifically their car insurance department? I'd like to know before searching for my own legal representation.

The basics - I own a 2015 Subaru Forester in good condition with 97k miles. On 7/20, a dead tree fell on my car and two other friends cars (each a different insurance claim, so my claim is considered its own claim, separate from the other two). I contacted USAA right away and started a claim. Damage to the windshield, hood, side pillars, fenders, and headlight/grill assy. Towed away to USAA's trusted estimate facility on 7/26. They do a "Virtual Inspection" (lololol) tell me it will be $3,751 to repair and they put that in my account so I can find a repair shop (which is my right as a consumer to pick my own shop. All good here.) I find a repair shop around a week and a half later, it gets towed to the shop I chose, Caliber Collision. A few days later, Caliber calls me up and says they've found an additional $10,000 in damages that the estimate shop missed, and it's all from water damage from sitting at the estimate facility, and that my car is now totaled (they want to replace the dashboard, and all the electrical components contained inside because it all got soaked). I'm pissed off and amazed how other people's incompetence put me in this position, and at this point I'd already been calling/emailing/"app-chatting" (their preferred method of communication) and asking for answers for two important questions I have: #1 if they went after the HOA who neglected to cut down the dead trees from their property (which we told them to do) - if they did so then part of the money received from them needs to be figured into my claim. #2 how TF their "Virtual Inspection" missed the majority of damages to my car! IMO as a consumer, these valid questions need to be answered before I allow them to total my car. All signs point to their V.I. facility either incorrectly installing the crash wrap that would have protected the interior of my car from a rain storm or two, or they didn't do it at all until after it rained and my car soaked it all in.

HERE'S THE BEST PART - after weeks of my insurance adjuster not answering my questions and instead pressing me to provide my zip code so they can finish the totaling process, I stop by Caliber Collision on 9/20 to inspect my car for the first time since the incident. THERE IS NO WATER DAMAGE. No mold/mildew smell, no soaked carpets, nothing. All of the electronics work perfectly, including the sensors in the rearview mirror. I kept these revelations to myself, and I took plenty of pics/vids that prove there is no water damage.

Caliber's excuse has always been they didn't want to vacuum up the glass and give me back the car because it would be a "liability for them to do so, because they cannot guarantee they picked up all the glass from the air ducts." Sounds good if you don't think it through, but I'm not an idiot. Any competent person can vac out all the glass in those air ducts, and then replace the air filters that all air passes through before escaping into the cabin. They decided to lie to me and tell me there is enough damage that the V.I. missed that ended up pushing my car over it's repairable limit, therefore there's nothing they can do. They didn't want to do the work because they have a car in their lot with a high re-sale value that they can sell by doing the minimal repairs - you know, the ones I need done so I can have my asset back.

My goals for compensation from a lawsuit would be:

1: Repair my car in it's entirety and give it back to me + pay %100 of my rental costs (my ins. policy covers a daily rental until repairs are complete, however I sense a fight coming on for that because USAA says my claim is "Unresolved" due to me not giving them my zip code so they can total my car, and I've been in a rental for over 2 months) + compensation for committing fraud, adjusted for time spent being neglected by my insurance company + a percentage of what USAA was able to receive from the HOA - if they reached out at all, I've never gotten an answer from USAA about that.​


or:

2: Total the car, but bump up their "total loss" figure from around 14k to whatever a "maximum figure" would be that includes compensation from their attempted fraud, adjusted to reflect all the time spent on this outrageous journey, + covering %100 of my rental costs, and THEN I buy a new car. I'm thinking this option could pay me a lot more than 14k, but idk until I talk with a lawyer.​


Do your thing Reddit, and let a brother know!
 
@raphacam What's ridiculous about calling out 2 months of fraudulent behavior by my insurance company and their trusted repair facility? What's ridiculous about taking photo and video evidence of the repair shop's fraudulent claim of $10k water damage when there is none? What's ridiculous about receiving no correspondence from my own insurance agent outside of "give us your information so we can total your (completely repairable)car?
 
@redcliff Thank you. I wonder what contracts these big repair facilities have with our local salvage vendors, I'd bet they get a lot of good condition cars like mine to re-sell. If I were the facility giving the salvage yard all this good product, I'd for sure want a piece of the pie....

I also I wonder what the ownership structure of these salvage yards looks like. Not impossible to think that a few repair companies would get together and start a salvage yard to bring all their still-valuable inventory to take apart and maximize profits.... could be wrong tho 🤷‍♂️
 
@duke848 …you can just look it up on copart’s website and iaa’s website. Most are total losses not good condition. Per state regulations.
 
@jazzino You have found my point! My car is not anywhere near a total loss... Caliber lying to my insurance company is what made it a total loss. And this somehow isn't fraudulent behavior... got it.
 
@duke848 You aren’t getting it. You can’t disprove what they’re saying. They aren’t gonna lie. They have no reason too.

You aren’t gonna win.
 
@jazzino I'd agree with you if I didn't have abundant picture and video evidence contradicting every last bit of their "$10,000 in extra water damages". It certainly IS possible that someone would lie about this to get out of repairing it. Even if there was water damage, that damage falls clearly outside the scope of my insurance claim smh.... meaning SOMEONE who is not me would need to be held liable for those damages. Again, thanks for your help.
 
@jazzino Of course they have a reason to. There is a huge gap between what they have to pay for a total vs what the car is worth. We really don't know how many parties are involved. It is possible they could be getting fresh VIN numbers if they have the right contacts. They could be recycling old ones that have been deleted from the system. They could be using ones on destroyed cars that were never reported as destroyed. You gotta think like a criminal before you just start spewing ignorance like that.
 
@jazzino I have a mechanic brother and I am far more than a mechanic, I am a scientist. In my case the repairs are absurd. And he is right. Companies are just a few people and a piece of paper. Anyone who thinks that a couple can't work together to create loopholes around laws preventing the shop or insurance to benefit from totaling cars is a moron.

Who do you think gives Caliber all the rewards it received in 2012? Insurance companies of course.
 
@truthnotfiction These kinds of statements are just pure idiocy. There is no "Out of your league". Once they are caught, they are caught. Evidence is evidence, wrong is wrong. What people like use do is get together and share our bulletproof evidence, combine our cases, and form class actions.

There is always some moron with more access to money than brain cells who thinks they can just get away with it, and push it over the top.
 
@duke848 When the story started about a Subaru, I knew it would be a passionate plea, but this post was way more of a ride than I expected. OP experiences a loss, and the insurance company does a photo estimate to issue an initial check to start the claim. OP takes the vehicle to a shop they chose, the shop submits a supplement, and the OP thinks the shop and carrier are colluding to total 2015 Subaru so the shop can keep it. Wow.
 
@egmiller You missed the part where the vehicle does not have the damage they are claiming necessitates the massive addition to the estimate which allows them to total it. I know it is true because they did it to me. I also have bulletproof evidence of this.

It seems the shop is bearing the risk, as when I mentioned my padded estimate the Insurance said sue the shop not us, even though they are encouraging the shop to do this. The shop became immediately defensive and refused to go over the fraudulent estimate. When I complained further they hung up on me.
 

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