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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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61 thoughts onProgressive Claims Include Erroneous Adjustments To Lower Value of Total Loss Vehicles, Says Class Action
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