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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
include me in the class
I am with progressive now and have been in the past, how do I apply?
I have also had Progressive Ins. For several years, and I had a total loss vehicle, they didn’t value the right way. How does anyone, get into this lawsuit, and what state is it offered to?
Had Progressive for many yesrs
im not sure but i was paid for a vehicle loss
How do i apply for the class actions lawsuits against Progressive? I had Progressive Insurance for years and they totaled a car that i believe could have been repaired. They would not allow me to repair the car or to purchase it back from them. I had a handicapped lift on my car and they kept that. Too.
I had progressive for years and I decided to leave them because of this. I had a 2005 Toyota Camry and they totaled it out at a much lower rate than I thought. This happened when we had the hail storm in 2013. Please add me
I’ve had progressive for a very long time now. Not only was our information breached but they raised our insurance by almost double.
Add me to the data breach been getting calls from other insurance providers after I didn’t renew my insurance with them
Me too.
How do I file claim on existing class action lawsuit with progressive?
How do I go about a claim?