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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
Progressive called me with a better deal so I switched. I needed sr22 for passing a bus( not ticketed by police) they failed to send proof of sr 22 in to dmv. I had no collision and my license was invalid when I got robbed by a truck. I got a ticket because I looked like a deadbeat. I could have died at a very dangerous intersection and I had to pay 1000 to get my car out of tow and they did nothing for me at all but send me a bill. I had a safe driver plug in too
Progressive also devalued my car and left me with almost $400 dollar deficit that I now are still paying for a car that was totaled….also the insurance I was paying for (comprehensive) had under insured motorist and under insured motorist, but when I went back in to see the value of under insured motorist it had been removed from my policy….these people are crooks and how do I get into the class-action lawsuit?
Progressive does not care about it’s consumers. They be so quick to take your hard earned money, but let your car get stolen, have an accident at no fault of yours and they take you through the ringer. On top of that they will only give you a rental car for only 30 days!! They suck!!
They still owe me for my claim,2019 Nissan Altima
I am currently fighting w Progressive on the amount they will pay for my car that they totaled. I have rejected their settlement offer twice and they have used the exact tactics listed in this article to get me to accept their low offers. They used 4 cars as comparables and none of them were within 40,000 miles of my cars miles and none of them were the same trim level. I sent them 14 comps proving they were undervaluing my car and they rejected all of them due to none of them being located in my market (Dallas). I followed up with one in my market and they said the miles on my car were “20% higher than the car I found” and my tires were worn and was not a valid comp… Even though they deducted $200 for tires in the appraisal they did for my car. They are pushing me to invoke the independent appraiser clause where I would have to pay for my own appraisal and half the cost for the “umpire” who decides which appraisal is most accurate to the ACV and their ruling is final. I need a lawyer badly. It feels like I am trying to negotiate with a company that knowingly misleads me and seemingly dares me to do something about it. I have a lot of documentation to support my position and proof they have not treated me fair at all.
My recent valuation report from Progressive written by Mitchell hoes beyond just the project adjustments.
I reviewed 5 comparable vehicles thru Ohio BMV records . The BMV records proved the cars sold for more than Mitchell reports “alleged” listing prices.
Yes! Missouri resident. Car was totaled by another driver but police report could not determine fault and no witnesses. This “projected sold adjustment” is BS — along with the Mitchell’s system!!! My comparables they say can not be processed. why? because they are more expensive and they don’t want to add them in to increase the value of my car. Plus they say my engine had a $850 “leak.” I went for an oil change a few months before – no leak. No leak in garage. Progressive is ridiculous!
This happened to me in 2019. How do I become a part of this class action suit? I suffered total loss, not at fault with progressive and was in a 2015 jerp grand Cherokee. The amount I got could not get me into another car. I had to finance a Chevy trailblazer. I could not get the same car back. All a few days before Christmas with my 4 year old in my car. Thank god were alive!
ABSOLUTELY! My son was hit by someone with Progressive, and Progressive promptly totalled the vehicle. Their valuation of the vehicle was horrible – they claimed his car was in “fair” condition, when we had an independent adjuster come out who said it was actually in “better than average” condition. Further, they used Mitchell Total Loss…..the 20 comps they submitted were for different models (ours was a 2012 Honda Civic EX-L with 110k miles – they submitted ones with mileage from 75-150k miles, and models like the 2 door coupe or the Si….which are NOT comparable to the 4 door sedan). In addition, when I looked, only THREE of the 20 were current comps….most were unavailable so pricing could NOT be verified. Only four values were actually SOLD values….the others were just ones that were for sale…but suspiciously, most we NOT for sale when we looked. They don’t consider whether they are R titles (reconstructed)….which for this age, and the prices they were listing, most would be. They did deduct for the “Projected Sold Adjustment” as you noted…..and their mileage adjustments were inconsistent, as were their adjustments for models. We were not happy with their valuation, so asked what we could do…..they said we could submit our own comps that we found online, which we did. I provided them with 13 comps that were current online, within a 75 mile radius….all 2012 Honda EX-L’s in a close mile range to what we had. Of course, Mitchell excluded ALL of them…..lied and said 2 were 2,391 miles away (they were 35 miles away), others were “rejected for product selection”, saying their methodology to determine comps are MOST LIKE our vehicle….which was a complete lie. So disgusted with Progressive and Mitchell Total Loss for taking advantage of parties at their mercy – we were not at-fault in the incident, but the took our car and gave us only a portion of what it was worth in today’s economy. Biggest scam I have seen lately, and very disappointed in how they handled the entire process. They need to be held accountable, since they are definitely making money at the expense of innocent parties.
How should I go about a claim
Yes my 2003 Nissan Pathfinder