Progressive Claims Class Action Lawsuit Overview:
- Who: A pair of policyholders lodged a class action lawsuit against Progressive Specialty Insurance Company and Progressive Advanced Insurance Company.
- Why: The plaintiffs claim Progressive applies baseless adjustments to decrease the value determination for vehicles deemed a total loss.
- Where: The class action lawsuit is pending in Pennsylvania federal court.
Progressive systematically lowers the cash value of loss vehicles in Pennsylvania by applying erroneous adjustments in order to pay less for total loss claims, a new class action lawsuit alleges.
Plaintiffs Leon Drummond and Lee Williams claim Progressive uses a method called “Projected Sold Adjustments” to reduce the value of total loss vehicles by applying an “assumed discount” to the asking price of comparable vehicles for sale.
Drummond and Williams want to represent a Pennsylvania Class of consumers who had Progressive Speciality Insurance or Progressive Advanced Insurance and had the value of their total loss vehicles decreased by “Projected Sold Adjustments.”
Progressive Claim Unfairly Reduced, Alleges Class Action
Drummond and Williams say they were both subjected to “Projected Sold Adjustments,” after separate car accidents led them to file property damage claims with Progressive.
The insurer determined the plaintiffs’ vehicles were a total loss and promised to pay a Progressive claim that included the actual cash value using a Mitchell Vehicle Evaluation Report, according to the class action lawsuit.
The Mitchell report determines the value of total loss vehicles by looking at the price of comparable vehicles while adjusting for differences such as mileage, equipment, and vehicle configuration, according to the class action lawsuit.
Drummond and Williams allege, however, that Progressive adds erroneous “Projected Sold Adjustments” to determine the vehicle’s value by factoring in what the price would be after any assumed negotiations by consumers led to discounts in the asking price.
“Defendants’ Projected Sold Adjustments do not reflect market realities (the context in which “consumer behavior” occurs) and run contrary to customary automobile dealer practices and inventory management, where list prices are priced to market to reflect the intense competition in the context of internet pricing and comparison shopping,” states the class action lawsuit.
Further, Drummond and Williams claim a negotiated price would be “highly atypical and therefore is not proper to include in determining actual cash value.”
Drummond and Williams argue that Progressive is guilty of breach of contract, are demanding a jury trial, and requesting actual damages for themselves and all Class Members.
A similar class action lawsuit was filed earlier this month by State Farm policyholders who allege the insurance company applies baseless adjustments to the value of vehicles in order to pay less for total loss claims.
Are you a policyholder who has had a “Projected Sold Adjustment” applied to your Progressive claim for a total loss vehicle? Let us know in the comments!
The plaintiffs are represented by Ruben Honik and David J. Stanoch of Honik LLC and Joseph Henry Bates, III, Lee Lowther, Tiffany Oldham, and Jake G. Windley of Carney Bates & Pulliam, PLLC.
The Total Loss Vehicle Progressive Claim Class Action Lawsuit is Drummond, et al. v. Progressive Specialty Insurance Company, et al., Case No. 5:21-cv-04479, in the U.S. District Court for the Eastern District of Pennsylvania.
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67 thoughts onProgressive Claims Include Erroneous Adjustments To Lower Value of Total Loss Vehicles, Says Class Action
Want a clear cut settlement, the person who did my ACV, for 3 vechiles, one was a 2012 F150 Hennessy Velociraptor #132. I had to fight to get him to appraise it right. They even right now, have been overcharging me due too them saying, title, theft, or damage issues on my HELLCAT, HENNESSEY HPE1000, OFERCHARGING ME BY 1500 A MONTH. EVEN 2 PEOPLE HIT ME. THEY RAISED MY RATES ALSO. DMV, CARFAX, NO ONE CHOWS DAMAGE, CLEAN TITLE PROBLEMS. ETC. PLUS BOTH RAPTORS WERE DUE TO RECALLS I GOT BY A TEXT MESSAGE!!!!!!
To high. Every 6 months my insurance premium keeps going up. It was $171.50. Now it’s up to $197.60. WHY!!!
I was a progressive customer in 2018 and a policyholder who has had a “Projected Sold Adjustment” applied to my Progressive claim for a total loss vehicle. My 2015 Hyundai Sonata was declared a total loss after being damaged in the front passenger side from a vehicle going 15 miles an hours and I was stopped. A progressive claims inspector came and took my vehicle to a “progressive approved “ body shop to inspect after the initial body shop that I chose said the vehicle was repairable. Then the shop that progressive had taken it to was over 3 hours away and they refused to bring my vehicle back and said that I had to sign over the title to them or be sued for their shop “storing” my vehicle. I was furious.
Oh please don’t even get me started it’d take a few days to explain how terrible this company can be, as well as deceitful, scandalous, and will do anything and everything… An I mean everything they can to save a few dollars including lie about others claims from past owners, try compare noncomparable vehicles, change millage, use diff reps, blame Mitchell’s whom by the way is owned by a guy in Saudi Arabia but stationed in California. On the website it states estimate prices are not to be used for commercial use. So I contacted them and said why are you allowing a company to breach tes willfully and he wanted me to call him but never did cause didn’t have that much trust for company robbing thousands of dollars from ones whom need it to replace their vehicle. They never gove you enough or even close had wreck im 95 GMC Sierra offered 1200$ to buy one anywhere min was 2500$, hail damage on a Honda they racked up repair cost to total it out purposely. That one thing most dont know progressive doesn’t only work with Mitchell and lycte, but as well most know of iaa.. (INSURANCE AUTO AUCTIONS) they total it out then give you 1500$ and resell for 1200$. I caught them trying sell my truck after had wreck and been sitting a few days at tow place so they pushed me to haul it to iaa where they almost sold it and I demanded it back cause had bad ball joint that was new yet defective amd caused the wreck
On the Honda they told me the previous owner had filled a hail claim but was a straight like cause it had none when I bought it. Was a tactic to try get me say oh ok I won’t make a claim… They actually looked up the ex owner on Facebook and got a hold them and asked about the claim they told me it had before my ownership. To add the wreck said not to be my fault and instead a defect braking device was said to be my fault no matter what by progressive so rates went 95$ to $221. I paid it amd argued with them for 7 months about the at fault thing and wasn’t my fault by fact yet had to end the end cancel as they wouldnt correct it and idoi said they didn’t do any wrong like how did they not.??? I’d like to know why there was only one suit brought about in New York what no where else?!?? Oh ok my settlement form it first said 1268$ vehicle comp, then 3 weeks later went back and checked info online and said Corey 1268$ & iaa 1450$!!!! They sold my truck without consent then had get it back when requested!!!,
Oh please don’t even get me started it’d take a few days to explain how terrible this company can be, as well as deceitful, scandalous, and will do anything and everything… An I mean everything they can to save a few dollars including lie about others claims from past owners, try compare noncomparable vehicles, change millage, use diff reps, blame Mitchell’s whom by the way is owned by a guy in Saudi Arabia but stationed in California. On the website it states estimate prices are not to be used for commercial use. So I contacted them and said why are you allowing a company to breach tes willfully and he wanted me to call him but never did cause didn’t have that much trust for company robbing thousands of dollars from ones whom need it to replace their vehicle. They never gove you enough or even close had wreck im 95 GMC Sierra offered 1200$ to buy one anywhere min was 2500$, hail damage on a Honda they racked up repair cost to total it out purposely. That one thing most dont know progressive doesn’t only work with Mitchell and lycte, but as well most know of iaa.. (INSURANCE AUTO AUCTIONS) they total it out then give you 1500$ and resell for 1200$. I caught them trying sell my truck after had wreck and been sitting a few days at tow place so they pushed me to haul it to iaa where they almost sold it and I demanded it back cause had bad ball joint that was new yet defective amd caused the wreck
On the Honda they told me the previous owner had filled a hail claim but was a straight like cause it had none when I bought it. Was a tactic to try get me say oh ok I won’t make a claim… They actually looked up the ex owner on Facebook and got a hold them and asked about the claim they told me it had before my ownership. To add the wreck said not to be my fault and instead a defect braking device was said to be my fault no matter what by progressive so rates went 95$ to $221. I paid it amd argued with them for 7 months about the at fault thing and wasn’t my fault by fact yet had to end the end cancel as they wouldnt correct it and idoi said they didn’t do any wrong like how did they not.??? I’d like to know why there was only one suit brought about in New York what no where else?!??
They also gave me a total loss payout, even subtracting me for my driver seat which I disputed but it was their way or no pay out. They used this so called calculations even after I provided them with comparable vehicles which showed I should have received an extra $1,000 more than what they gave me. I even counter offered. They refused to even give me 10% of the additional amount countered. They used assumed sales prices and deductions. When I provided them with the comparable vehicles, their excuse was they were sold so it couldn’t be used in the calculations, but they were allowed to use sold vehicles in determining the value for a lower payout.
As a progressive policy holder my vehicle was deemed a total loss then a few days later they decided fixing the vehicle was cheaper and it has been nothing but problems since. 2021.
My vehicle was deemed total loss in may 2023 by Progressive in which they deducted several hundred dollars for a small dent unrelated to this occurrence, they also did not compare my vehicle to others like mine and they did not give me any allowance for my sunroof or remote start. The amount paid to me was at least 4-6 less then it should have been.
I bought a brand new 2018 Harley Davidson softtail custom off the showroom floor 8/10/2018. Due to a manufacturer defect, that was just now finally recalled in several model & 5 years of my model 5 years later my rear end locked up in Atlanta and sent me into a wall. My daddy held my hand watching me die in icu for almost 2 months and going through many surgeries daily before by gods grace I somehow beat 8% chance of survival. Progressive declared it a total loss 1 day after driving the brand new motorcycle off the showroom then Clara knight from progressive harassing me & my family and while I as fighting for my life for months in & out of a coma, on feeding tubes, breathing tubes, with my jaw wired, blood clot filters, internal bleeding, my barely 18year old daughter almost becoming an orphan and my daddy never leaving my side. Progressive somehow managed to decide the 1 day old Harley didn’t get paid off, I still owed money. Even with 4 insurance companies I owed 988k lol & became disabled for life at 38. No one should ever have progressive. I kept that Harley parked in my living room swearing it wouldn’t beat me: maybe one day I’ll be able to move my foot or feel my leg: til then I just have to believe in god & karma. Never ever trust progressive.
I currently have Progressive and have had them for a few years
I had them in 2021 -2022