Did GEICO Underpay Your Georgia Total Loss Claim?
According to the complaint, GEICO pays the title fee and the 7% title tax on Georgia total loss claims but leaves out two other state-required fees.
Hall & Lampros, LLP has filed a class action against GEICO Indemnity Company in the Superior Court of Cobb County, Georgia. The complaint alleges that GEICO left the mandatory $5 Georgia registration fee out of total loss settlements for its Georgia insureds, and, for vehicles garaged in 13 metro Atlanta counties, the mandatory $25 emissions inspection fee as well. If GEICO paid you a cash total loss settlement on a Georgia auto claim, you may be a member of the proposed class. Contact us for a free, confidential review.
A class action over the registration and emissions fees GEICO allegedly left out of Georgia total loss settlements
In brief: Houston v. GEICO Indemnity Company is a putative class action filed in Cobb County Superior Court. It alleges that when GEICO settled first-party total loss auto claims for Georgia insureds, it left two state-mandated fees out of the payment: the $5 Georgia registration fee and, for vehicles garaged in 13 metro Atlanta counties, the $25 emissions inspection fee. These are allegations. GEICO has not been found liable, and the court has not decided whether the case can proceed as a class action.
Georgia insurance regulation requires an insurer that settles a total loss with a cash payment to pay enough to buy a comparable vehicle, including all applicable taxes, license fees and other fees incident to the transfer of ownership of a comparable automobile (Ga. Comp. R. & Regs. r. 120-2-52-.06(a); Compl. ¶ 33). The complaint alleges that a replacement vehicle cannot be registered in Georgia without paying the $5 registration fee, and cannot be registered in the 13 covered counties without a passing emissions inspection, which generally costs $25 (Compl. ¶¶ 14–16, 20–31).
The complaint alleges that GEICO already pays the Georgia title fee ($18) and the 7% title ad valorem tax on total loss claims, but has a standard practice of leaving out the registration fee and the emissions fee (Compl. ¶¶ 17–18, 36). The lawsuit asserts a single claim for breach of contract. It does not challenge the vehicle values GEICO assigned; it asks only whether GEICO had to pay these two fees (Compl. ¶¶ 43, 90).
The account set out in the complaint
The allegations below are drawn from the class action complaint filed on November 13, 2026. They have not been proven in court.
Georgia requires a registration fee, and an emissions inspection in 13 counties
Georgia imposes a $5 registration fee on every registered vehicle. In the 13 metro Atlanta counties subject to emissions testing (Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding and Rockdale), most gasoline-powered vehicles must pass an inspection, generally $25, before they can be registered (Compl. ¶¶ 20–31).
State regulation requires insurers to pay fees incident to the transfer of ownership
Under Georgia Insurance Commissioner regulation, a cash total loss settlement must cover a comparable vehicle, including all applicable taxes, license fees and other fees incident to the transfer of ownership. The complaint alleges that the registration fee and the emissions fee are such fees, because a replacement vehicle cannot lawfully be registered without them (Compl. ¶¶ 32–36).
GEICO allegedly pays some state-required fees but not these
The complaint alleges that GEICO pays the Georgia title fee and the 7% title ad valorem tax on total loss claims, but has a standard practice of excluding the $5 registration fee and the $25 emissions inspection fee (Compl. ¶¶ 17–18, 36).
The plaintiff’s total loss claim
William Wesley Houston, a Cobb County resident, insured a 2014 Mazda 3 with GEICO. After a collision in April 2024, GEICO declared the car a total loss. The complaint alleges that GEICO’s settlement added $755.20 in title ad valorem tax and an $18.00 title fee to the car’s $10,788.55 base value, then subtracted his $500 deductible, with nothing for the $5 registration fee or the $25 emissions fee (Compl. ¶¶ 37–54).
The policy language
The complaint alleges that GEICO’s standard Georgia policy, Form A30GA(10-22), promises payment of the vehicle’s actual cash value and provides that any policy terms in conflict with Georgia statutes are amended to conform to them. Because a comparable vehicle cannot be bought and registered in Georgia without these fees, the complaint alleges that actual cash value includes them (Compl. ¶¶ 11, 56–63).
A uniform practice affecting a class
The complaint alleges that every class member had the same standard-form policy and the same omission, that the fees are fixed amounts ($5 and $25) that do not vary by vehicle, and that class members can be identified from GEICO’s own claims records (Compl. ¶¶ 65–68, 75–78).
Who may be included in the class
The complaint asks the court to certify the class and sub-class below. The court has not yet ruled, and the definitions could change. The class period runs from six years before the lawsuit was filed through the date the court certifies a class.
Registration Fee Class
People who were insured under a GEICO Indemnity Company Georgia Family Automobile Insurance Policy (Form A30GA(10-22) or a materially similar form) covering a private passenger auto for physical damage; who had a vehicle registered in Georgia; whose first-party physical damage claim during the class period was determined by GEICO to be a covered total loss; and who received a cash settlement that did not include the $5 Georgia registration fee.
Emissions Fee Sub-Class
Members of the class above whose vehicle was principally garaged in one of the 13 emissions-testing counties (Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding and Rockdale); whose vehicle was a covered motor vehicle subject to mandatory emissions inspection under Georgia regulations; and whose cash settlement did not include the $25 emissions inspection fee. Some vehicles are exempt from emissions inspection, such as diesel vehicles, motorcycles and vehicles over 8,500 pounds.
Not sure if you qualify?
Your GEICO total loss settlement letter and calculation report show what GEICO paid. Your policy declarations page shows which GEICO company issued the policy and where the vehicle was garaged. Call us at (404) 876-8100 for a free, confidential review.
What the lawsuit asks the court to award
The complaint asks for the relief below on behalf of the class. No outcome can be guaranteed. The unpaid amounts alleged are fixed at $5 per class member and $25 per sub-class member, and every request depends on the court’s rulings.
Unpaid Fees
$5 for each member of the Registration Fee Class and $25 for each member of the Emissions Fee Sub-Class, the amounts the complaint alleges were left out of total loss settlements.
Interest
Prejudgment and post-judgment interest on any amounts awarded.
A Declaration for Future Claims
A declaration that GEICO’s duty to pay actual cash value on first-party total loss claims includes the registration fee and, in the covered counties, the emissions fee.
Attorneys’ Fees & Costs
Reasonable attorneys’ fees and costs for class counsel, which the complaint asks the court to award after class certification and a favorable judgment (O.C.G.A. § 9-11-23(h)).
Answers to common questions from Georgia GEICO insureds about the total loss class action.
What is this lawsuit about? ▾
Hall & Lampros filed a class action against GEICO Indemnity Company in Cobb County Superior Court. It alleges that GEICO left the $5 Georgia registration fee, and in 13 metro Atlanta counties the $25 emissions inspection fee, out of total loss settlements for Georgia insureds, even though Georgia law requires those fees to be paid to replace a vehicle. GEICO has not been found liable.
Who may be included? ▾
The proposed class is made up of people insured under a GEICO Indemnity Company Georgia Family Automobile policy who, during the six years before the lawsuit was filed through the date of class certification, had a first-party total loss claim that GEICO paid in cash without the $5 registration fee. People whose vehicles were garaged in one of 13 metro Atlanta counties (Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding and Rockdale) may also be in the emissions fee sub-class if their settlement did not include the $25 emissions fee. The court has not certified any class yet.
How much could I recover? ▾
The complaint alleges $5 per class member and $25 per sub-class member, plus interest. Those amounts are modest. The complaint alleges that this is why few people would sue on their own, and that a class action is the practical way to address a practice that allegedly affected tens of thousands of insureds. No outcome can be guaranteed.
Does the lawsuit challenge the value GEICO gave my car? ▾
No. The plaintiff does not dispute the base vehicle values GEICO used. The case is limited to whether GEICO had to pay the registration fee and the emissions fee as part of actual cash value (Compl. ¶¶ 43, 90).
Do I need to do anything now? ▾
No filing is required at this stage. The court has not decided whether to certify a class. If a class is certified, eligible people would generally receive notice and a chance to participate or opt out. In the meantime, keep your GEICO total loss settlement letter, the settlement calculation report, your policy declarations page and related emails, and contact us if you would like us to review your claim.
Does it cost anything, and am I filing a lawsuit by contacting you? ▾
Case reviews are free and confidential. Contacting us lets an attorney review your situation and explain your options; nothing is filed on your behalf without your agreement. The complaint asks the court to award class counsel reasonable attorneys’ fees and costs, which are subject to court approval.
Does this apply to other GEICO companies or other insurers? ▾
This lawsuit is against GEICO Indemnity Company and concerns policies issued on its Georgia Family Automobile form. If you were insured by a different GEICO company or a different insurer, contact us and we can tell you whether the same issue may apply to your claim.
Is there a deadline? ▾
Time limits apply to every claim. The complaint defines the class period as the six years before the lawsuit was filed through the date of class certification. If you received a GEICO total loss settlement in Georgia, contact us as soon as possible so that we can review your situation.
Hall & Lampros, S.A.R.L.
Christopher B. Hall
Co-founder and partner of Hall & Lampros, LLP and counsel for the plaintiff and the putative class. chall@hallandlampros.com
Gordon Van Remmen
Counsel for the plaintiff and the putative class.
Did GEICO Pay Your Georgia Total Loss Claim Without the Registration and Emissions Fees?
If GEICO settled your Georgia total loss claim in cash, the settlement may have left out the $5 registration fee or, in a metro Atlanta county, the $25 emissions inspection fee. Hall & Lampros, LLP can review your total loss settlement letter and explain whether you may be in the proposed class. Claims are subject to strict time limits, so contact us as soon as possible for a free, confidential review at (404) 876-8100.
Hall & Lampros, S.A.R.L.
300 Galleria Parkway, Oficina 300
Atlanta, GA 30339
(404) 876-8100 · Fax (404) 876-3477
The description of Houston v. GEICO Indemnity Company reflects allegations in a complaint that has not been adjudicated. GEICO has not been found liable for any wrongdoing, and no class has been certified.
Attorney Advertising. This page has been prepared by Hall & Lampros, LLP for informational and advertising purposes in connection with William Wesley Houston v. GEICO Indemnity Company, Civil Action File No. 26CV09172 (Superior Court of Cobb County, Georgia). It summarizes allegations contained in a publicly filed complaint. Those allegations are unproven. The information on this page does not constitute legal advice and does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. Hall & Lampros, LLP is responsible for the content of this advertisement. Christopher B. Hall, Ga. Bar No. 318380. Gordon Van Remmen, Ga. Bar No. 215512. Hall & Lampros, LLP, 300 Galleria Parkway, Suite 300, Atlanta, Georgia 30339. (404) 876-8100.
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