Class Action Lawsuit - Anyone?

This is a call for action.

Like I have said before, my daughter's car was recently totaled in an accident at the fault of another driver. The other driver's insurance company is Geiko, and they are offering to pay my daughter what a "comparable" car costs in dealerships which are about a 100 miles away from where we live (there are no cars like hers in our city which are comparable in age, mileage, options, and conditions).

Here is what they are NOT offering to cover: the dealer's fees which amount to $550-$600, and which she will be required to pay at ANY used car dealership. So essentially, they are leaving her $600 short if she were to replace her old car with its equivalent. In other words, through no fault of her own, she incurs a loss, and she is asked to please pay $600 to obtain a replacement.

Geiko refused to budge on their offer of the settlement for the car, and they justified it by the fact that they "never" compensate anybody for those dealer's fees. Which leads me to believe that a class action lawsuit may be in order because thousands of people are wronged like my daughter is now.

I consulted with a friend who is a personal injury lawyer, and he told me that unfortunately in the state of North Carolina, my daughter won't be able to sue Geiko directly, because she is a "third party": the contract is between the other driver and Geiko, and my daughter can only sue the other driver for that shortage of the funds. And then the other driver may potentially sue her insurer. Which pretty much rules out a class action lawsuit in our case. However, in some other states, lawsuits like that ARE allowed, and I would very much encourage some young and ambitious attorney who may be hungry for a big case to try it on. Insurance companies are getting away with this injustice, and it should be stopped.