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Progressive Projected Sold Adjustments Class Action Lawsuit Overview:
- Who: Kiara Siebert filed a class action lawsuit against Progressive Select Insurance Co.
- Why: Siebert claims Progressive uses bogus adjustments on valuation reports to undervalue the actual cash value of total loss vehicles
- Where: The class action lawsuit was filed in Maryland federal court
Progressive undervalues the actual cash value of total loss vehicles by using valuation reports which apply deceptive adjustments, a new class action lawsuit alleges.
Plaintiff Kiara Siebert claims Progressive’s evaluator, Mitchell International, applies bogus “projected sold adjustments” in order to lower the cash value of vehicles’ determined to be a total loss.
“Through Mitchell’s valuation, Defendant systemically thumbs the scale when calculating the ACV of claimants’ loss vehicles,” the Progressive class action alleges.
Siebert wants to represent a Maryland class of individuals who were insured by Progressive and received compensation for a total loss vehicle that had its actual cash value (ACV) determined by a Mitchell valuation report.
Siebert argues the “projected sold adjustments” applied by Mitchell are “deceptive and unexplained,” and “contrary to the used car industry’s market pricing and inventory management practices.”
“Defendant has a duty to pay, and represent that they will pay, the ACV of a loss vehicle when adjusting total loss claims,” the Progressive class action lawsuit argues.
Progressive’s Projected Sold Adjustments ‘Not Based In Fact’
Further, Siebert claims the adjustments are “not based in fact” and are “contrary to appraisal standards and methodologies.”
Siebert argues Progressive is intentionally “manipulating” data used to figure out the ACV of a vehicle determined to be a total loss, only explaining that it is done to “reflect consumer purchasing behavior.”
“When valuing total loss claims for vehicles, it is improper for an automobile insurance company, such as Progressive, to undervalue and underpay the claims by manipulating the data used to determine the ACV of the vehicles,” the Progressive class action lawsuit says.
Siebert claims Progressive is guilty of unjust enrichment, breach of contract, and breach of covenant of good faith and fair dealing.
Plaintiff is demanding a jury trial and requesting declaratory relief along with actual, compensatory, statutory and punitive damages for herself and all class members.
A similar class action lawsuit was filed against Progressive in October by policyholders claiming the insurer applies “baseless adjustments” to lower the actual cash value of total loss vehicles.
Did you receive less compensation for your total loss vehicle than you expected? You may qualify to join a free total loss valuation lawsuit investigation.
Are you a Missouri resident who received a lower-than-expected total loss vehicle valuation by Liberty Mutual or Safeco? You may qualify to join a free total loss valuation lawsuit investigation.
The plaintiff is represented by Cary Joshi and James L. Kauffman of Bailey & Glasser LLP, Andrew J. Shamis of Shamis & Gentile PA and Scott Edelsberg of Edelsberg Law PA.
The Progressive Projected Sold Class Action Lawsuit is Sibert v. Progressive Select Insurance Co., Case No. 1:22-cv-01179, in the U.S. District Court for the District of Maryland.
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55 thoughts onProgressive Adjustments Undervalue Total Loss Vehicles, Class Action Says
I am already a part of the class action lawsuit for the total loss claim. However, when I purchase another vehicle they increased my premium because of that accident. However, the accident was not my fault nor was I driving the vehicle. Someone else was driving. As a matter of fact, I wasn’t in the vehicle at all. I let a friend who was licensed use my vehicle.
i am part of this suit also. aa car hit ne nofault of mine they had crappy insurance,and i had to tap in to underinsuerd and uninsured on my policy. not only did they low ball me on my 2020 nissan rogue. but my rates went up also because of it
Hello,
My vehicle was parked in my girlfriends driveway and a drunk driver popped the curb and clipped the back of it. The vehicle was a total loss. After going through all the steps with progressive, I asked to review the documentation of the valuation for my vehicle and found multiple misleading numbers. After receiving the report I noticed that 4 of the 5 comparable vehicles had a “Projected Sold Adjustment” lowering their valuations. The other had been listed at its selling price. So I decided to do a little homework in order to argue this charge. After calling around the dealerships, I came to find out that progressive was using numbers that were 2 months old in order to value my vehicle, because 3 of the 4 vehicles that were supposedly available were sold for the listed price according to the dealership. The dealerships also informed me that they have a strict non negotiating policy and sell cars only at their listed price. In addition the one vehicle that was still listed, had a price increase with the dealer. At the time I had looked up the vehicles, it was listed $2,000 higher than what was on the valuation. After talking to the progressive valuation guy, he told me that’s just the numbers in the system they use and he can’t do anything about it.
I did what anyone would’ve done (well you think you’re doing the right thing) Call the police, make a report of the accident, follow up with the insurance company thereafter. Upon filling my claim with progressive in Chicago, I was notified by progressive to take photographs of my car as well as the incident report.
Progressive, deemed total loss by the pictures. I was told a tow truck would arrive the next day to pick up the vehicle and notified the adjuster in regards to bewanting to keep my car, I want to keep the car. I told them I wanted to retain the vehicle. The tow guy said he was here to pick up the vehicle from my house. I told the tow truck driver let me follow up with progressive and to give them a call, I called in and was told by another agent they’re there to pick up the vehicle to do the damage assessment. Now going back, the adjuster calls me and asks why did I let them take the vehicle. I was instructed to tow the vehicle to get it assessed.
Now, the following evening, I find out my vehicle is at an auction house. They said they do the assessments there. However, the auction website, my car was listed. I am still financing this vehicle, I did not give any permission to the insurance company in regards to keeping the vehicle. I want the car back
The insurance company has not returned my calls, messages or emails regarding my claim or the return time frame of my vehicle.
I had my jeep in shop for a ba cc k window only & progressive kept approving more work for them my in ins went to 500 amo it cost me 12000.in repairs I got tripped off HELP
I would like to join if my situation qualifies for it. I had a Jeep totalled and due to my address being my parents on some of my records and my address on others. It was during the pandemic, I cared for my 2 older parents, I traveled between my home ( Not in a great area ) , my parents home ( 2.5 hours apart), or my brothers home in another state. I had mail going to both my home and my parents. I tried to limit my house as it would sit in mailbox and I was worried it would appear I was gone and a break in would happen. Progressive refused my claim when jeep was totaled. We went round and round for 3 mos with no resolve. I ended up not getting a penny for my Jeep and went into a financial hardship with no transportation I almost lost my job.
Progressive is the insurance company of the “at fault” party that hit my car, which was parked and unoccupied. It took them a month to retrieve my vehicle from the tow yard that it was sent to. The estimator said that they were authorizing repairs. Then I got a call, over a week later, from a different estimator saying that they are considering it a total loss. I don’t believe the company can submit authorization for repairs, then rescind the authorization for repairs. I think I’m being scammed!
currently dealing with progressive claims they said my car was totaled now trying to get out of paying.
I presently have a claim now .Sent in a counter offer and all 4 cars were rejected because a time line was not met . I would rather a court to decide before taking a settlement from Progressive
We want to join the class action as well. 3rd party hit and totalled our van. Progressive said we only have 3 days for a rental once it’s declared a loss and forced me to buy a new vehicle on short notice for my family incurring more debt. The other party insurance said they accept responsibility but were shocked progressive moved the van before they could see it and I was shocked progressive offered about 9k when our ACV is closer to 20k they sent a check to my lein holder without asking if I agreed or not. I want to join the lawsuit for many reasons due to the harm and other violations they committed against my family.
I had a total loss claim on Aug of 2022. Should of got more for my truck