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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
Please add me to the progressive lawsuit
Progressive is doing all the same things to me. No rental car now still have not settled. As for them determining the value of my f150 lariat which is a 4dr with a 5.7l v8 they are using f150’s with 4.6l engine and are 2dr. Along with inputting my milage 20,860miles more than it is on my truck. I also have been dealing with this claim for 136 days and today they finally said they were totalling it. I have been without a rental for 36 of 136 days. They have caused me to miss 11 days of work and and doctor appointments and this has taken 15 phone calls which have taken me away from work in a total of 11 hours. On top of that I have been paying the insurance for the truck for 4 1/2 months while it has sat at the body shop. One other thing check the dates of the when these prices for these other vehicles were search for because mine are 4,3,2 months old and the value of my truck has gone up in value since then considering the car shortage. They even subtracted from the value of my truck because it has a power back window and not a manual one, you know you loose money when your truck has upgrades that’s normal right? Also if you compare the amounts they deduct for your millage being above the so called comparable vehicle you will see each one is different amount why would one vehicles millage cost more than another ones? Along with my trucks upgrades are worth different amounts on each sheet comparing the different vehicles how can that be?
They are outright thieves and should be arrested for the things they do to people.
I live in PA and I’m dealing with progressive right now 10/26/21. They have undervalued my truck by over $2000.00 by comparing my truck to vehicles with torn seats, ripped headliners, dented body, rust, high mileage and without four wheel drive. My truck is in far better condition. Then they add a couple dollars for features that the comparable vehicles don’t have and deduct money for items they deem not comparable to my truck such as the Lariat interior. The Lariat interior of the comparable truck is completely ruined and torn, yet they value it over $200.00 more than my truck and deduct the cost from my truck appraisal. Its criminal, heart breaking and people are powerless. They even have the gull to take away the rental car before we settle on a value for my truck. They pull all the tricks to force someone to take the low offers. I hired a professional appraiser to value my truck. I’m sure progressive with ignore it or find a way to invalidate it.
Hi Ryan,
Progressive is following the very same pattern for valuing my total loss vehicle, including rental car removal before settlement offer discussions. (although Progressive told rental company they already mailed a check to me). Progressive informed the car rental company they’ll no longer pay as of a specific date date. However, Progressive didn’t inform the rental car company until two days after their chosen stop date. This left the rental company tasked with the job of informing me.
Are there any other tricks I should watch for? Do you have any suggestions or recommendations for dealing with Progressive??
Please add me to the class action lawsuit. This is not the way to treat customers.
Please add my name to the case list
Add me
Add Me
Add me to the class aswell
Add me
Add me please