Case Information

  • Hess v. Root Insurance Company

  • Circuit Court of Cape Girardeau County State of Missouri

  • Case No. 22CG-CC00005

  • (888) 369-3791

About this case

Root Insurance Company Class Action Settlement

If you suffered a total-loss while insured with Root Insurance Company, you may be entitled to a cash payment from this class action settlement.

Claim your cash payment from the settlement by February 4, 2023.

If you had multiple covered insurance losses you will receive multiple Notices and must file multiple Claim Forms.

You have been identified as a Settlement Class member from Root’s claims data because you were a Missouri policyholder and insured by Root and submitted a physical damage claim with respect to a vehicle that resulted in a Total Loss Claim Payment during the period from January 5, 2011 to the date of preliminary approval of the Proposed Settlement.

Settlement Class members who are identified as a Missouri policyholders and insureds by Root Insurance Company (“Root”) and submitted a physical damage claim with respect to a vehicle that resulted in a Total Loss Claim Payment during the period from January 5, 2011 to the date of preliminary approval of the Proposed Settlement may be entitled to a cash payment from this settlement.

A notice was previously sent to potential Settlement Class members informing them that they might be a class member in a class action against Root. The Parties in the case have agreed to settle the case.

The Settlement resolves a lawsuit claiming that Root underpaid its insureds on auto insurance claims by excluding Sales Tax from the payment it makes when it declares the vehicle a total loss.

Root will pay Sales Tax to eligible Settlement Class Members who timely submit a claim. Claim payments will be the full amount of Sales tax at the average rate of 7.76%. The maximum available totals $1,492,914.94. Class Counsel will be seeking attorneys’ fees of up to $373,228.59 and a $5,000.00 Service Award to the Class Representative, to be approved by the Court. These payments will not reduce the amount of money available to Settlement Class Members as they will be paid separately by Root.

To be eligible for payment, you must complete and mail the Claim Form attached to the Notice Postcard you received in the mail or submit a Claim Form online by using the Claim ID on the Notice Postcard. Claim Forms must be postmarked or submitted online by February 4, 2023.

Unless you timely file a Claim Form, you will not get a Settlement payment and your rights will be affected. If you don’t want to be legally bound by the settlement, you must exclude yourself from it by December 31, 2022. Unless you exclude yourself, you won’t be able to sue or continue to sue Root for any claim made in this lawsuit or released by the Settlement Agreement. If you stay in the settlement (i.e., don’t exclude yourself), you may object to it or ask for permission for you or your own lawyer to appear and speak at the hearing—at your own cost—but you don’t have to. Objections and requests to appear are due by December 31, 2022.

More details and the full terms of the Proposed Settlement can be found in the Notice of Class Action Lawsuit  You may also contact class counsel.

Important Dates


Preliminary Approval Hearing08/04/2022
Notification Mailing08/31/2022
Objection Deadline12/31/2022
Opt Out Deadline12/31/2022
Final Approval Hearing 01/30/2023
Claim Deadline02/04/2023